Radhe Shyam Mehra S/o Late Shri Latel Ram Mehra Aged About 65 Years R/o v. 1 - State Of Chhattisgarh Through Its Secretary, Department Of Tribal Welfare, Atal Nagar
Case Details
1 2025:CGHC:34524 AFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 3056 of 2024 Radhe Shyam Mehra S/o Late Shri Latel Ram Mehra Aged About 65 Years R/o Shanti Nagar, Ward No. 17, Near New Water Tank, Bilaspur, District Bilaspur (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of Tribal Welfare, Atal Nagar, Nawa Raipur, Mahanadi Bhawan, Raipur, District Raipur (C.G.) 2 - Commissioner Department Of Panchayat And Rural Development, Vikash Bhawan, North Block, Sector 19, Nawa Raipur, Atal Nagar, District Raipur (C.G.) 3 - High Level Caste Scrutiny Committee Through Its Secretary, Block 4d, Indrawati Bhawan, Nawa Raipur, Atal Nagar, District Raipur (C.G.) 4 - Commissioner Tribal Welfare And Development Block 4d, Indrawati Bhawan, Nawa Raipur, Atal Nagar, District Raipur (C.G.). ---- Respondents ----------------------------------------------------------------------------------------------- For Petitioner
Legal Reasoning
the Full Bench of this Court in Jayanna's case, (supra), the State Government is not implementing or giving effect to Amendment Acts by the Parliament exercising powers under Articles 341(2) and 342(2) of the Constitution of India in respect of other scheduled castes and tribes despite the said amendments being merely clarificatory, elucidatory, declaratory or explanatory amendments which are retrospective in nature and operate retrospectively and relate back to the date of the original Presidential Notification of the year 1950. Under these circumstances, I deem it fit and proper to issue suitable directions to the State Government in this regard. 6. Considering facts of the case, nature of relief, submissions of counsel for the parties, change of circumstances, particularly the fact that respondent-State vide its circular dated 06.01.2022 have recommended 6 to include the Mahar/Mahara/Mahra/Mehra as Schedule Caste of the Chhattisgarh State which was duly notified by the Government of India vide notification in official gazette dated 12.08.2023 and same has been adopted by the State of Chhattisgarh on 04.09.2023, further considering the decision of High Court of the Karnataka in case of Parushuram (supra), this Court is inclined to allow the instant writ petition. 7. Accordingly, writ petition is allowed. Impugned order dated 31.08.2019 (Annexure P-2) and notice dated 17/05/2024 (Annexure P-1) are hereby set-aside. Matter is remanded back to the concerned Authority to decide the case of the petitioner afresh on its own merits in accordance with law and as per above observation/discussion within ‘45 days’ from the date of receipt of copy of this order. CC as per rules. Sd/- J/- Sd/- (Arvind Kumar Verma) Judge
Arguments
: Mr. Astha Shukla & Mr. Vaibhav Shukla, Advocate with Mr. Ujjawal Choubey, Advocate. For Respondent-State : Mr. Satish Gupta, GA. ----------------------------------------------------------------------------------------------- Hon'ble Shri Arvind Kumar Verma, Judge Order on Board 21.07.2025 1. This writ petition has been preferred under Article 226 of the Constitution of India for quashment of order dated 31/08/2019 2 (Annexure P/2) passed by respondent No.3/High Level Caste Scrutiny Committee ("herein after referred as Committee"), whereby the Committee has cancelled the caste certificate of the petitioner belonging to "Mehra" scheduled caste. The petitioner has also prayed for quashment of all the consequential action pursuant to impugned order dated 31/08/2019 including the notice dated 17/05/2024 (Annexure P/1) and notice dated 25/04/2025 under Rule 24 of the Chhattisgarh Schedule Castes, Schedule Tribes, and Other Backward Classes (Regulation of Social Status Certification) Rules 2013 (for short, ‘Rules 2013’) initiating criminal action against the petitioner. 2. Learned counsel for the petitioner submits that caste Mehra/Mahra of the petitioner is duly notified under the category of SC in the State of Chhattisgarh. Respondent No.3/Committee in its impugned order 31.08.2019 has pointed out the fact that the petitioner belongs to 'Mahra' caste and used 'Mehra' as a surname instead of 'Mahra'. There is no difference in the surnames Mahar/Mahara/Mahra/Mehra as they falls under the Mahar Schedule Caste category. The difference occurred due to difference in local dialects and pronunciation, writing and phonetic values, due to this confusion, many people of Schedule Castes have faces the similar problems/issues, the General Administration Department of Government of Chhattisgarh has taken this issue under cognizance and issued a notification/circular Annexure P-8 dated 30.12.2017. In clause 3(b) of said circular/notification at Serial No.5 it is written in English roman script 'Mahar' Schedule Caste has been approved to be written as ‘Mahar/Mahara/Mahra/Mehra’. Learned Counsel further contended that respondent-State after doing a 3 detailed social studies vide its circular dated 06.01.2022 have recommended to include the Mahar/Mahara/Mahra/Mehra as the Schedule Caste of the Chhattisgarh State which is mentioned at Serial No.33 and same has been duly notified by the Government of India vide notification in official gazette dated 12.08.2023 and thereby amended the Constitution (Schedule Caste) order 1950 for the state of Chhattisgarh passed the Constitution (Schedule Caste) order (Amendment) Act, 2023 and included the caste Mahar/Mahara/Mahra/Mehra at Sr. No.33 of the notified list of Schedule Caste community for the state of Chhattisgarh. Learned Counsel further contended that respondent No.3/Committee has duly verified the caste certificate of the family member of the petitioner. The other family members of the petitioner including his son and the siblings have been granted the social status certificate belonging to "Mehra" caste which has been duly verified and certified by the same Committee. Consequent to the above notification, caste of the petitioner whether it is called Mahar/Mahara/Mahra/Mehra is now included at Serial No.33 of the notified list of Schedule Caste community for the state of Chhattisgarh. Hence, it is prayed that impugned order dated 31.08.2019 and notice dated 17/05/2024 including notice dated 25/04/2025 be set- aside and this Court may declare that by virtue of the notification in official gazette dated 12.08.2023, petitioner is entitled to be declared to belong to the member of Schedule Caste community "Mehra" for all purpose and entitled to all consequential benefits including his service/employment benefits under the State. In support of his contention, learned counsel places reliance upon the decision of High 4 Court of the Karnataka (Dharwad Bench) in case of Parushuram versus The Deputy Commissioner & Chairman, District Caste Verification Committee, Dharwad & Ors (2020) SCC Online Kar 3421. 3. Per contra, learned State Counsel opposes to grant the relief sought for by the petitioner in this writ petition. 4. Heard learned counsel for the parties. 5. Relevant portion of decision of High Court of the Karnataka in case of Parushuram (supra) reads as under: “24. In the light of the aforesaid discussion, my findings and conclusions on the aforesaid points that arise for consideration can be summarized as hereunder: i) A clarificatory, elucidatory, declaratory or explanatory statutory amendment operates retrospectively and is retrospective in nature and any such amendment relates back to the date of the original enactment; ii) A Presidential Order and Notification issued under Articles 341(1) and 342(1) of the Constitution of India can be varied, amended, altered or modified only by a Law by the Parliament exercising powers under Articles 341(2) and 342(2) of Constitution of India; III) A clarificatory, elucidatory, declaratory or explanatory amendment by the law of the Parliament exercising powers under Articles 341 (2) or 342(2) of the Constitution of India varying the original Presidential order and Notification of 5 the year 1950 issued under Articles 341(2) and 342(2) of the Constitution of India is retrospective in nature and any such amendment relates back to the date of the original presidential order and Notification of the year 1950; iv) The Constitution (Scheduled Tribes) Order (Amendment) Act 2012, (Annexure L) to the Constitution (Scheduled Tribes) Presidential order, 1950 whereby in Entry No.37 of Part VI relating to State of Karnataka, the word 'Medara' is inserted after the words Meda in the very same Entry No.37 is retrospective in nature and the said amendment relates back to the date of the original Presidential Order and Notification of the year 1950. 26. It is brought to my notice that despite the decision of