1

AFR

HIGH COURT OF CHHATTISGARH, BILASPUR

WPC No. 2889 of 2009

Mukesh Kumar Gautam, aged about 27 years, S/o Tulsi

Ram Gautam, R/o Kududand, Vishnu Nagar, Ward No.2,

Near Hanuman Mandir, Bilaspur.

---- Petitioner

Versus

1.The State of Chhattisgarh, through Secretary its Secretary

Tribal Welfare Department, D.K.S. Bhawan, Raipur.

2.Chhattisgarh Public Service Commission, through its

Chairman Shanker Nagar Marg, Raipur.

3.Examination Controller, Chhattisgarh Public Service

Commission, Shanker Nagar Marg, Raipur.

4.Sub Divisional Officer, (Revenue) Biliaspur.

---- Respondents

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For Petitioner : Mr. Parag Kotecha, Advocate

For Respondents No.1 & 4 : Mr. Aditya Bharadwaj, P.L.

For Respondents No.2 & 3 : Mr. Sudeep Agrawal, Advocate

----------------------------------------------------------------------------------------

Hon'ble Shri Justice Parth Prateem Sahu

Order on Board

02.05.2022

1.This writ petition is filed against the order dated 09.06.2009

passed by respondent No.4, rejecting application submitted by

petitioner for issuance of social status certificate to him of

Satnami caste on the ground that he comes within the

Scheduled Caste notified in the State of Chhattisgarh.

2.Facts relevant for disposal of this writ petition, are that,

petitioner prosecuted his studies of Primary level at

Government Naveen Primary School, Jarhabhatha, Bilaspur,

Chhattisgarh Higher Secondary School, Bilaspur for Middle,

High and Higher Secondary School and completed his

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graduation from Parmanand Sinha College, Bilaspur affiliated to

Guru Ghasidas University, Bilaspur. Petitioner obtained caste

status certificate initially from the Office of Tahsildar, Bilaspur,

Chhattisgarh in the year 2007 and submitted an application

before Sub Divisional Officer (Revenue), Bilaspur for grant of

permanent caste status certificate mentioning therein that he

belongs to a member of Schedule Caste community (Satnami).

The application submitted by petitioner came to be dismissed

on 09.06.2009, which made the petitioner to approach this

Court by way of filing instant writ petition with following reliefs:-

I. The Hon'ble Court may kindly be please to

quash the order dated 9/6/09 (Annexure P/8)

passed by respondent No.4 and further

please to hold that the petitioner is entitle for

the permanent Caste Certificate of Schedule

Caste.

II. The Hon'ble Court may kindly be please

to direct the respondent No.4 to provide a

permanent Caste Certificate of Schedule

Caste to the petitioner.

III. The Hon'ble Court may kindly be direct

the respondent No.2 and 3 to accept the

form for appearing in the Mains Exams 2008

and further please to permit the petitioner to

appear in the main exams 2008.

IV. The Hon'ble Court may kindly be please

to call for the records of the case from the

respondent.

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V. Any other relief which this Hon'ble Court

deems fit and proper under the facts and

circumstances of the case and in the interest

of justice and cost of the petition may be

awarded in favour of the petitioner.”

3.Learned counsel for the petitioner submits that after completion

of his graduation, petitioner decided to participate in State Civil

Services notified by Public Service Commission, Raipur at

Chhattisgarh and at that relevant point of time, he moved an

application before Tahsildar Bilaspur for issuance of social

status certificate of petitioner to be a member belonging to

Scheduled caste (Satnami). Tahsildar initially issued temporary

Caste Certificate. As Sub Divisional Officer (Revenue) was

competent authority for issuance of permanent caste certificate,

petitioner moved an application before Sub Divisional Officer

(Revenue) for permanent caste certificate, which came to be

dismissed vide Annexure P/8. It is contended that order dated

09.06.2009 passed by Sub Divisional Officer (Revenue)

rejecting application submitted by petitioner is arbitrary and

illegal. Respondent No.4 has not considered the circular issued

by State of Chhattisgarh time to time wherein it is provided that

employee who, due to some compulsion allocated to State of

Chhattisgarh, will be entitled for same benefit as they were

availing in erstwhile State of Madhya Pradesh. Father of

petitioner was initially provided the benefit of reserve candidate

being a member of Scheduled Caste community and therefore,

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petitioner is also entitle for the same benefit. In support of his

contention, he places reliance upon circulars issued by State

Government dated 21.07.2003, 06.07.2004 and further

memorandum issued by Government of India, Ministry of Tribal

Affairs dated 28.11.2005. He pointed out that State Government

issued a circular on 27.06.2007 clarifying the definition of

‘permanent resident’. Petitioner falls within the definition of

‘permanent resident’, hence also, he is entitled for the benefit of

permanent caste certificate.

4.Per contra, Mr. Aditya Bharadwaj, P.L. for respondents No. 1

and 4/State would submit that from bare perusal of impugned

order passed by respondent No. 4 dated 09.06.2009 rejecting

application submitted by petitioner for grant of permanent social

status certificate, it is apparent that origin of petitioner’s

ancestors are not of erstwhile State of Madhya Pradesh. He

contended that from the pleadings and documents placed on

record along with writ petition, it is clear that father of petitioner

was originally resident of State of Uttar Pradesh, he came to

erstwhile State of Madhya Pradesh within the territory of State

of Chhattisgarh only after getting employment on 22.02.1979,

and therefore, petitioner would not be entitled for permanent

caste certificate of “Scheduled Caste” to take benefit of

reservation, which is being provided to original resident of State

of Chhattisgarh. He also submits that as per Presidential

notification under Articles 341 and 343 of Constitution of India,

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cut-off date is prescribed as date of issuance of Presidential

notification. Petitioner is not entitled for social status certificate

being member belonging to Schedule Caste as notified by State

of Chhattisgarh as he being migrated from another State after

issuance of Presidential notification.

5.Mr. Sudeep Agrawal, learned counsel for respondents No. 2

and 3 would submit that respondents No. 2 and 3 is only

recruiting agency and therefore, he is not making submission

on merits of claim of petitioner, but is adopting the submissions

of learned counsel for the State/respondents No.1 and 4.

However, petitioner will be at liberty to file a fresh application

before the competent authority for grant of social status

certificate under Form 4C under Rule 11 of the Chhattisgarh

Scheduled Castes, Scheduled Tribes and Other Backward

Classes (Regulation of Social Status Certificate) Rules, 2013

(for short 'Rules, 2013').

6.I have heard learned counsel for the parties and perused the

record of writ petition.

7.From the documents placed on record along with writ petition,

particularly, Annexure P/9 would show that date of birth of Tulsi

Ram Gautam, son of Budhu, father of petitioner is 07.07.1951.

He was appointed in the Police Department in erstwhile State of

Madhya Pradesh on 22.02.1979 as Constable. This document

(Annexure P/9) as appearing was obtained from the service

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record of father of petitioner issued by Superintendent of Police,

Bilaspur, Chhattisgarh. As the place of birth of father of

petitioner shown in service record of Police Department as

village Mihoni, Police Station Madhaugarh, District Jalaun.

Status of father of petitioner for the purpose of issue involved in

the case is of migrant. Learned counsel for petitioner in

pleadings of writ petition pleaded that entire education of

petitioner was from the school situated in territory of State of

Chhattisgarh. Copy of mark-sheets placed along with writ

petition of Class-V, Class-VIII and other certificates definitely

show that petitioner prosecuted his studies in schools and

colleges situated at Bilaspur, Chhattisgarh and his date of birth

is mentioned as 12.07.1982 in mark-sheet. Finding recorded by

Sub Divisional Officer, who is competent authority, while

rejecting application for grant of permanent caste certificate

vide Annexure P/8 mentioned that father of petitioner was

resident of District Jalaun, Uttar Pradesh is not disputed.

8.In the aforementioned facts of the case, it is to be considered

whether any person being member of Scheduled Caste

community as per Presidential order under Article 341 of the

Constitution of India of one State can claim benefit of

reservation of Scheduled Caste in another State also, merely

because the caste, to which he belongs is also shown to be

Scheduled Caste of migrant State in the order under Article 341

of the Constitution of India.

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9.Object of providing benefit of reservation is to uplift members of

reserve class category by providing them additional benefits

within their State. If resident of one State migrates to another

and having his caste listed as Scheduled Caste or Scheduled

Tribe in another State also, if permitted, to avail the benefit of

reservation then those person will encroach upon the rights of

people origin in the said State belonging to reserve caste either

“Scheduled Caste, Scheduled Tribe, and Other Backward

Classes”, which is not the object of provision, under which,

reservation is provided to reserved category people of a

particular State.

10.Hon'ble Supreme Court in case of Marri Chandra Shekhar

Rao v. Dean, Seth G.S. Medical College and others reported

in (1990) 3 SCC 130 while considering the issue of reservation

claiming by a candidate migrated to other State for admission in

medical college, held thus :

“10. It has, however, to be borne in mind that a

man does not cease to belong to his caste by

migration to a better or more socially free and

liberal atmosphere. But if sufficiently long time

is spent in socially advanced area then the

inhibitions and handicaps suffered by

belonging to a socially disadvantageous

community do not continue and the natural

talent of a man or a woman or a boy or girl

gets full scope to flourish. These, however, are

problems of social adjustment i.e. how far

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protection has to be given to a certain segment

of socially disadvantaged community and for

how long to become equal with others is a

matter of delicate social adjustment. These

must be so balanced in the mosaic of the

country's integrity that no section or community

should cause detriment or discontentment to

other community or part of community or

section. Scheduled Castes and Scheduled

Tribes belonging to a particular area of the

country must be given protection so long as

and to the extent they are entitled in order to

become equal with others. But equally those

who go to other areas should also ensure that

they make way for the disadvantaged and

disabled of that part of the community who

suffer from disabilities in those areas. In other

words, Scheduled Castes and Scheduled

Tribes say of Andhra Pradesh do require

necessary protection as balanced between

other communities. But equally the Scheduled

Castes and Scheduled Tribes say of

Maharashtra in the instant case, do require

protection in the State of Maharashtra, which

will have to be in balance to other

communities. This must be the basic approach

to the problem. If one bears this basic

approach in mind, then the determination of

the controversy in the instant case does not

become difficult...........”

21.We have reached the aforesaid

conclusion on the interpretation of the relevant

provisions. In this connection, it may not be

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inappropriate to refer to the views of Dr. B.R.

Ambedkar as to the prospects of the problem

that might arise, who stated in the Constituent

Assembly Debates in reply to the question

which was raised by Mr. Jai Pal Singh which

are to the following effect:

"He asked me another question and it was

this. Supposing a member of a scheduled

tribe living in a tribal area migrates to

another part of the territory of India, which is

outside both the scheduled area and the

tribal area, will he be able to claim from the

local government, within whose jurisdiction

he may be residing: the same privileges

which he would be entitled to when he is

residing within the scheduled area or within

the tribal area? It is a difficult question for me

to answer. If that matter is agitated in

quarters where a decision on a matter like

this would lie, we would certainly be able to

give some answer to the question in the

form of some clause in his Constitution. But,

so far as the present Constitution stands, a

member of a scheduled tribe going outside

the scheduled area or tribal area would

certainly not be entitled to carry with him the

privileges that he is entitled to when he is

residing in a scheduled area or a tribal area.

So far as I can see, it will be practically

impossible to enforce the provisions that

apply to tribal areas or scheduled areas, in

areas other than those which are covered by

them ..... "

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22. In that view of the matter, we are of the

opinion that the petitioner is not entitled to be

admitted to the medical college on the basis of

Scheduled Tribe Certificate in Maharashtra. In

the view we have taken, the question of

petitioner's right to be admitted as being

domicile does not fall for consideration.”

11.Hon'ble Supreme Court in case of Action Committee of Issue

of Caste Certificate to Scheduled Castes and Scheduled

Tribes in the State of Maharashtra and another v. Union of

India and another reported in (1994) 5 SCC 244 while

considering the status of a person belonging Scheduled Caste/

Scheduled Tribe migrant him from original State to another

State, held thus :

“4. The petitioners herein are aggrieved

because the State of Maharashtra has denied

the benefits and privileges available to

Scheduled Castes and Scheduled Tribes

specified in relation to that State to members of

the Scheduled Castes and Scheduled Tribes

belonging to other States who have migrated

from other States to the State of Maharashtra.

These benefits and privileges are denied on

the basis of certain circulars and letters issued

by the Government of India and consequential

instructions issued by the State of Maharashtra

indicating that members belonging to the

Scheduled Castes and Scheduled Tribes

specified in relation to any other State shall not

be entitled to the benefits and privileges

accorded by The State of Maharashtra unless

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the person concerned is shown to be a

permanent resident of the State of

Maharashtra on 10-8-1950 in the case of

Scheduled Castes and 6-9-1950 in the case of

Scheduled Tribes. These are the dates on

which the President first promulgated the

Constitution (Scheduled Castes) Order, 1950

and the Constitution (Scheduled Tribes) Order,

1950. The petitioners, therefore, contend that

the denial of the benefits and the privileges by

the State of Maharashtra is violative of the

fundamental rights conferred on citizens by

Articles 14, 15(1), 16(2) and 19 of the

Constitution, besides being contrary to the

letter and spirit of Articles 341 and 342 of the

Constitution. The petitioners contend that a

bare perusal of the Constitution (Scheduled

Castes) Order, 1950 and the Constitution

(Scheduled Tribes) Order, 1950 as amended

by the Scheduled Castes and Scheduled

Tribes Orders (Amendment) Act, 1976 would

show the same castes and tribes specified in

respect of more than one State. Those

belonging to the Scheduled Castes and the

Scheduled Tribes, wherever situate, are

economically backward. Besides on account of

social and economic backwardness they have

to suffer a host of indignities and atrocities and

are very often compelled to migrate from one

State to another in search of livelihood or to

escape the wrath of their oppressors. Earlier

they did not experience any difficulty in

obtaining caste/tribe certificates to secure

benefits available to the Scheduled Castes and

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Scheduled Tribes in the State of Maharashtra.

The situation, however, changed drastically

after the Government of India issued a

communication addressed to Chief Secretaries

to all State Governments/Union Territories on

22-3-1977.

5. Before we refer to the contents of the

communication dated 22-3-1977 it may be

advantageous to notice the relevant provisions

of the Constitution (Scheduled Castes) Order,

1950 and the Constitution (Scheduled Tribes)

Order, 1950 made in exercise of powers

conferred by Article 341(1) and Article 342(1)

respectively of the Constitution. In the Order

first mentioned clause (2) provides as under:

"2. Subject to the provisions of this Order,

the castes, races or tribes or parts of, or

groups within, castes or tribes specified in

Parts I to (XXII) of the Schedule to this Order

shall, in relation to the States to which those

Parts respectively relate, be deemed to be

Scheduled Castes so far as regards member

thereof resident in the localities specified in

relation to them in those Parts of the

Schedule."

Clause (2) of the second mentioned Order

reads as under:

"2. The tribes or tribal communities, or part

of, or groups within, tribes or tribal

communities, specified in Parts I to XIX of

the Schedule to this Order shall, in relation

to the State to which those Parts

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respectively relate, be deemed to be

Scheduled Tribes so far as regards

members thereof residents in the localities

specified in relation to them respectively in

those Parts of that Schedule."

6. The Government of India in the Ministry of

Home Affairs noticed that certificates belonging

to a particular Scheduled Caste/Scheduled

Tribe were not issued strictly in accordance

with the principles governing the issue of such

certificates presumably on account of lack of

understanding of the legal position regarding

the concept of the term "residence" on the part

of the authorities concerned. With a view to

clarifying the legal position the communication

of 22-3-1977 came to be issued. The relevant

part of that communication may be reproduced

for ready reference :

"As required under Articles 341 and 342 of

the Constitution, the President has, with

respect to every State and Union Territory

and where it is State after consultation with

the Governor of the concerned State, issued

orders notifying various Castes and Tribes

as Scheduled Castes and Scheduled Tribes

in relation to that State or Union Territory

from time to time. The inter-State area

restrictions have been deliberately imposed

so that the people belonging to the specific

community residing in a specific area, which

has been assessed to qualify for the

Scheduled Caste or Scheduled Tribe status,

only benefit from the facilities provided for

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them. Since the people belonging to the

same caste but living in different State/Union

Territories may not both be treated to belong

to Scheduled Caste/Tribe or vice versa.

Thus the residence of a particular person in

a particular locality assumes a special

significance. This residence has not to be

understood in the liberal or ordinary sense of

the word. On the other hand it connotes the

permanent residence of a person on the

date of the notification of the Presidential

Order scheduling his caste/tribe in relation to

that locality. Thus a person who is

temporarily away from his permanent place

or abode at the time of the notification of the

Presidential Order applicable in his case,

say for example, to earn a living or seek

education, etc., can also be regarded as a

Scheduled Caste or a Scheduled Tribe, as

the case may be, if his caste/tribe has been

specified in that order in relation to his State/

Union Territory. But he cannot be treated as

such in relation to the place of his temporary

residence notwithstanding the fact that the

name of his caste/tribe has been scheduled

in respect of that area in any Presidential

Order."

The communication further states that with a

view to ensuring the veracity of permanent

residence of a person and that of the

caste/tribe to which he claims to belong, the

Government of India made a special provision

in the pro form a prescribed for the issue of

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such certificates. In order to ensure that

competent authorities should alone issue such

certificates the Government of India

(Department of Personnel and Administrative

Reforms) by a letter dated 6-8-1975 indicated

the authorities locality-wise who should issue

the certificates. The communication then

proceeds to add :

"Thus the Revenue Authority of one District

would not be competent to issue such a

certificate in respect of persons belonging to

another District. Nor can such an authority of

one State/Union Territory issue such

certificates in respect of persons whose

place of permanent residence at the time of

the notification of a particular Residential

Order, has been in a different State/Union

Territory."

This was emphasised because only the

revenue authorities of the locality of which the

individual is the resident alone would have

access to revenue records to be in a position

to make reliable enquiries before the issuance

of the certificate. In regard to persons born

after the date of the notification of the relevant

Presidential Order, the communication states

that the place of residency for the purpose of

acquiring Scheduled Caste or Scheduled Tribe

certificate is the place of permanent abode of

their parents at the time of the notification of

the Presidential Order under which they claim

to belong to such a caste/tribe.

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16. We may add that considerations for

specifying a particular caste or tribe or class for

inclusion in the list of Scheduled

Castes/Schedule Tribes or backward classes

in a given State would depend on the nature

and extent of disadvantages and social

hardships suffered by that caste, tribe or class

in that State which may be totally non est in

another State to which persons belonging

thereto may migrate. Coincidentally it may be

that a caste or tribe bearing the same

nomenclature is specified in two States but the

considerations on the basis of which they have

been specified may be totally different. So also

the degree of disadvantages of various

elements which constitute the input for

specification may also be totally different.

Therefore, merely because a given caste is

specified in State A as a Scheduled Caste

does not necessarily mean that if there be

another caste bearing the same nomenclature

in another State the person belonging to the

former would be entitled to the rights,

privileges and benefits admissible to a member

of the Scheduled Caste of the latter State "for

the purposes of this Constitution". This is an

aspect which has to be kept in mind and which

was very much in the minds of the

Constitution-makers as is evident from the

choice of language of Articles 341 and 342 of

the Constitution. That is why in answer to a

question by Mr Jaipal Singh, Dr Ambedkar

answered as under:

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"He asked me another question and it was

this. Supposing a member of a Scheduled

Tribe living in a tribal area migrates to

another part of the territory of India, which is

outside both the scheduled area and the

tribal area, will he be able to claim from the

local Government, within whose jurisdiction

he may be residing the same privileges

which he would be entitled to when he is

residing within the scheduled area or within

the tribal area? It is a difficult question for me

to answer. If that matter is agitated in

quarters where a decision on a matter like

this would lie, we would certainly be able to

give some answer to the question in the

form of some clause in this Constitution. But

so far as the present Constitution stands, a

member of a Scheduled Tribe going outside

the scheduled area or tribal area would

certainly not be entitled to carry with him the

privileges that he is entitled to when he is

residing in a scheduled area or a tribal area.

So far as I can see, it will be practicably

impossible to enforce the provisions that

apply to tribal areas or scheduled areas, in

areas other than those which are covered by

them.......”

Relying on this statement the Constitution

Bench ruled that the petitioner was not entitled

to admission to the medical college on the

basis that he belonged to a Scheduled Tribe in

the State of his origin.”

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12.Full Bench of Bombay High Court in case of Kumari Shweta

Santalal Lal v. State of Maharashtra reported in (2010) 2

MhLJ 904 has held thus :

“26. Having said so, we may now answer the

Reference. In case of a migrant belonging to a

Scheduled Caste, not ordinarily resident as on

10.3.1950 in the area that now constitutes the

State of Maharashtra and in a case of S.T.,

considering Rule 5, on 6.9.1950, would not be

entitled to benefits of reservation as S.C./S.T.

in the State of Maharashtra. They and their

progeny will continue to get the benefits of

reservation in the State of origin. Reference

answered accordingly.”

13.Hon'ble Supreme Court in case of Bir Singh v. Delhi Jal

Board and others reported in (2018) 10 SCC 312 held thus :

“34. Unhesitatingly, therefore, it can be said

that a person belonging to a Scheduled Caste

in one State cannot be deemed to be a

Scheduled Caste person in relation to any

other State to which he migrates for the

purpose of employment or education. The

expressions "in relation to that State or Union

Territory" and "for the purpose of this

Constitution" used in Articles 341 and 342 of

the Constitution of India would mean that the

benefits of reservation provided for by the

Constitution would stand confined to the

geographical territories of a State/Union

Territory in respect of which the lists of

Scheduled Castes/Scheduled Tribes have

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been notified by the Presidential Orders issued

from time to time. A person notified as a

Scheduled Caste in State 'A' cannot claim the

same status in another State on the basis that

he is declared as a Scheduled Caste in State

'A'.”

14.Annexure P/8 is the order of Sub Divisional Officer (competent

authority at that relevant time) for issuance of permanent caste

certificate whereby his application for grant of permanent caste

certificate was rejected to be a member of Scheduled Caste of

State of Chhattisgarh. Petitioner in this writ petition has filed

circulars issued by State Government dated 21.07.2003

(Annexure P/4), 06.07.2004 (Annexure P/5) and notification

issued by Government of India, Ministry of Tribal Affairs dated

(Annexure P/6) to contend that petitioner was a permanent

resident of erstwhile State of Madhya Pradesh and he became

part of State of Chhattisgarh due to reorganization of State of

Madhya Pradesh and carving out new State of Chhattisgarh.

State Government has already taken care of consequential

problems on account of posting of Government servants due to

reorganization of erstwhile State of Madhya Pradesh and

carving out new State of Chhattisgarh and therefore, issued

circular dated 06.07.2004 (Annexure P/5) wherein members of

Scheduled Caste and Scheduled Tribe of erstwhile State of

Madhya Pradesh having caste certificate issued by competent

authority, but placed within the territory of Chhattisgarh due to

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allocation of service, their interest have been protected and

they were given benefit of reservation.

15.Undisputedly, as per documents submitted by petitioner himself

would show that birth of father of petitioner was on 07.07.1951

(Annexure P/9) at Village Mihoni, Tahsil Madhaugarh, District

Jalaun, Uttar Pradesh. As per service record of father of

petitioner, father of petitioner was an employee of Police

Department as Constable, it also mention that father of

petitioner was intermediate pass, from which, it is clear that

father of petitioner is an educated man, but petitioner has not

placed on record the place and school from where his father

took his education. He joined his services only on 22.02.1979 at

Bilaspur, Madhya Pradesh, now Bilaspur, State of Chhattisgarh

after 01.11.2000.

16.From aforementioned facts, it is amply clear that father of

petitioner migrated from State of Uttar Pradesh and status of

petitioner therefore cannot be accepted to be migrant from

State of Madhya Pradesh under compulsion for extending

benefit of circular as projected by learned counsel for the

petitioner before this Court. Status of father of petitioner was of

migrant even in the State of Madhya Pradesh. Father of

petitioner being migrant from State of Uttar Pradesh, case of

petitioner will be squarely covered by aforementioned rulings of

Hon'ble Supreme Court wherein Hon'ble Supreme Court in very

categorical terms held that a person belonging to a Scheduled

21

Caste in State of origin will not be entitle for reservation in

education or employment as Scheduled Caste person in

relation to any other State, to which, he migrates. The benefits

of reservation provided for by the Constitution would stand

confined to the geographical territories of a State/Union

Territory of origin of a person, hence, petitioner cannot claim the

benefits of Scheduled Caste in State of Chhattisgarh also, in

fact, he and his progeny will be entitle for all benefits in the

“State of Origin” of their ancestor. “State of Origin” for the

petitioner will be State of Uttar Pradesh where his father was

born and his ancestors belongs. Hence, I do not find any error

or infirmity in the order passed by Sub Divisional Officer

rejecting the application for grant of permanent caste certificate.

17.State of Chhattisgarh in the year 2013 has enacted

Chhattisgarh Scheduled Castes, Scheduled Tribes and Other

Backward Classes (Regulation of Social Status Certificate)

Rules, 2013 for issuance of social status certificate to the

members belonging to reserved category either Scheduled

Caste, Scheduled Tribe and Other Backward Classes.

18.In the aforementioned Rules, 2013, for issuance of certificate to

applicants migrated from other State to State of Chhattisgarh

can also apply for the caste certificate which will specify the

status of the applicant. Rule 11 of Rules, 2013 reads as under :-

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“11. Certificate for the Applicant migrated

from other State to the State of

Chhattisgarh. - In case, where the Applicant is

a migrant from other States, Competent Officer

shall issue a certificate in FORM-4C, after

marking detailed inquiry, if necessary, through

the District Magistrate or Verification

Committee or through Vigilance Cell, regarding

his social status in that State:

Provided that such certificate holder shall be

eligible to avail the facilities provided to

Scheduled Castes, Scheduled Tribes or Other

Backward Classes, as the case may be, in that

State from which he has migrated.”

19.Under Rules, 2013, petitioner can apply for social status

certificate under Rule 11 before the competent authority.

20.In view of aforementioned discussions and rulings of Hon'ble

Supreme Court, I do not find any merit in this writ petition,

which is liable to be and is accordingly dismissed.

Sd/-

(Parth Prateem Sahu)

Judge

Yogesh