1 - Shri Vikas Kumar Jaiswal S/o Shri Bhuneshwar Dayal Jaiswal Aged About 46 v. 1 - State Of Chhattisgarh Through - Secretary, Department Of Schedule Caste Welfare, Mahanadi
Case Details
1 Digitally signed by GOPAL SINGH Date: 2025.04.29 19:59:29 +0530 2025:CGHC:16575 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1804 of 2025 1 - Shri Vikas Kumar Jaiswal S/o Shri Bhuneshwar Dayal Jaiswal Aged About 46 Years R/o Village - Jilda, Block - Khadgawan, District - Korea (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through - Secretary, Department Of Schedule Caste Welfare, Mahanadi Bhawan, New Mantralaya, Atal Nagar, Raipur, District - Raipur (C.G.) 2 - High Power Caste Scrutiny Through - Secretary, Adim Jati Anusndhan Evam Prashikshan Sansthan, Sector-24, Nawa Raipur, Atal Nagar, District - Raipur (C.G.) 3 - Commissioner Schedule Caste And Schedule Tribe Department, Indrawati Bhawan, Nawa Raipur, District - Raipur (C.G.) 4 - Assistant Investigation Officer Jati Janch Prakoshtha, Office Of Director, Adim Jati Anusndhan Evam Prashikshan Sansthan, Sector- 24, Nawa Raipur, Atal Nagar, District - Raipur (C.G.) 5 - Sub-Divisional Officer (Revenue) Khadgawan, District - Korea (C.G.) (Cause title is taken from Case Information System) ... Respondent(s) For Petitioner
Legal Reasoning
7. Whenever any caste is to be scrutinised, it is trite law that a real opportunity of hearing is required to be accorded to the concerned person because it will bear civil consequences and one person can be held to be not of that caste which he is claiming. It is also a stigma in the caste of the person concerned and some time it will be held to be a fraudulent act committed by the concerned person, as such a proper opportunity of hearing is required to be given to the person concerned by giving him an opportunity to file relevant 5 documents and make his submission so that the authorities concerned may verify the same from the genesis of his caste which can be said to be from the area from which the forefathers of the petitioner are migrated or they were residing. 8. Considering the fact that only on the basis that the petitioner has not submitted relevant documents and has not made a specific submission and further considering the judgment of the Hon’ble Supreme Court in Kumari Madhuri Patil case (supra) as also considering the Chhattisgarh Scheduled Castes, Scheduled Tribes and Other Backward Classes (Regulation of Social Status Certification) Act, 2013, the matter is remitted back to the High Level Caste Scrutiny Committee with a direction to give proper opportunity to the petitioner to file relevant documents in respect of his caste and to give him real opportunity of being heard. With the aforesaid directions, the matter is remitted back to the High Level Caste Scrutiny Committee. The petitioner is directed to appear before the High Level Caste Scrutiny Committee at Raipur on 12.5.2025 and in turn the High Level Caste Scrutiny Committee shall take the relevant documents submitted by the petitioner and give him opportunity of hearing after due verification of the documents and thereafter the High Level Caste Scrutiny Committee shall pass appropriate orders within a further period of one month. 6 9. Accordingly, the impugned order dated 12.12.2024 passed by the respondent No.2 is hereby quashed. 10. With the aforesaid observations and directions, the writ
Arguments
: Ms. Fouzia Mirza, Senior Advocate with Shri Ahmed Ayaan For State : Ms. Nupoor Sonkar, Panel Lawyer Mirza, Advocate 2 Hon’ble Shri Justice Amitendra Kishore Prasad 08/04/2025 Order on Board 1. The present writ petition is preferred against the impugned order dated 12.12.2024 passed in No.8143/Nk-l-@v-fi-o-@iz-dz- 38@2011 whereby the caste certificate of the petitioner issued by the the Tahsildar, Baikunthpur dated 10.7.2002 showing his caste to be Jaiswal/Kalar has been rejected as has not been issued in accordance with law and the petitioner has not demanded an opportunity of hearing and placing his version before the High Level Caste Scrutiny Committee. 2. By this petition, the petitioner seeks the following reliefs: “10.1 That, this Hon’ble Court may kindly be pleased to call for the entire record concerning the case of the petitioner from the respondent authorities for its kind perusal. 10.2 That this Hon’ble Court may kindly be please to set- aside the order dated 12.12.2024 passed by the respondent no. 2 whereby the Caste Certificate issued by Tahsildar dated 10.09.2002 has been cancelled. 10.3 That in alternative this Hon’ble Court may kindly be please to direct the respondent authorities to give an opportunity of hearing to the petitioner to place the relevant document showing his caste to be Kalar/Jaiswal 3 before the respondent no.2 in order to substantiate his plea of belonging to the Caste as Kalar/Jaiswal. 10.4 Any other relief or relief(s) which this Hon’ble Court may deem fit or proper in the facts and circumstances of the case.” 3. Learned Senior Counsel appearing for the petitioner submits that the caste certificate of the petitioner being Jaiswal/Kalar as Other Backward Class has been rejected/cancelled by the High Level Caste Scrutiny Committee only on the ground that the petitioner has not sought any time in order to make submission and to file documents, as such only on the basis of the available documents the High Level Caste Scrutiny Committee has cancelled the caste certificate of the petitioner stating that the petitioner does not belong to Jaiswal/Kalar caste. Learned Senior Counsel further submits that looking to the fact that only on the basis that the petitioner has not submitted documents and has not made appropriate submission this order has been passed, as such the petitioner may be allowed to file relevant documents and make submission and in turn the High Level Caste Scrutiny Committee may be directed to consider the case afresh and pass appropriate orders. 4. Learned counsel appearing for the State submits that since the petitioner has not filed relevant documents and has not made any specific submission in respect of his caste as 4 directed in the case of Kumari Madhuri Patil v. Additional Commissioner, Tribal Development, AIR 1995 SC 94. and further in the Chhattisgarh Scheduled Castes, Scheduled Tribes and Other Backward Classes (Regulation of Social Status Certification) Act, 2013, as such the petitioner is not entitled for any relief. 5. I have heard learned counsel appearing for the parties and perused the material available with due care. 6. Considering the facts and circumstances of the case, especially considering paragraph 9 of the impugned order by which the caste certificate of the petitioner has been cancelled on the ground that he has not submitted relevant documents and has not made any specific submission in respect of his caste being Jaiswal/Kalar belonging to Other Backward Class, as such the impugned order has been passed by cancelling the caste certificate of the petitioner.
Decision
petition is disposed of. Sd/- (Amitendra Kishore Prasad) JUDGE Gopal Singh