^-F- (^-5^ 4-^ IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (S) N0.s^ OF 2009 '!'.» m PETITIONER ^^< ^d^'" ., ^ •^' ^^ <'•' ri:?" scs" . . <^.y Neha Jogi, D/o shri N.A.K.Jogi, aged about 29 years, Permanent resident of village Sarbahra, Tahsil Pendraroad, District Bilaspur (C.G.) At present Working on the Post of Lecturer in Government Ayurvedic College Raipur (C.G.) VERSUS RESPONDENTS 2. ^- / 3. State of Chhattisgarh, Through: the Secretary, Health and Family Welfare Department D.K.S. Bhawan, Mantralaya, Raipur (C.G.) ^<— The Chhattisgarh , Public Se-'svice ^i*- Commission, Through: the -^e.c-'se.^ify. -s'Viot.nHcfs' Moi^cc^ mcty^, '^alf'ur. cc.f,,^ The Sub Divisional Officer(Revenue), Pendraroad, District Bilaspur (C.G.) ^w^\ WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA FOR ISSUE OF AN APPROPRIATE WRIT IN THE NATURE OF MANDAIVIUS/CERTIORARI ETC. OR DIRECTION/ORDER IN THE LIKE NATURE ETC. %! ^N HfGH COURT OF CHHATTSSGARH : BILASPUR PETITIONER WRfT PETITION (S) N0.5490 OF 2009 Neha Joai State of Chhattisaarh & Others (Writ Petition under Articie 226 of the Constitution Sinaie Bench : Hon'bie Shri Saiish K. J. Preseni:- Shri Shri P.K. Bhaduri, Panei Lawyerfor the Shri Abhishek Sinha, Advocate for the 1. 2. ORDER (ORAu (Passed on this 4 day of Aprii, Heard iearned counsei for the parties. 1) By this petition, the petitioner seeks a direction No.3 i.e. Sub Divisionai Officer (Reveni 3. Distrlct-Biiaspurto issue a caste certificats to the petitioner. Grievance ofthe petitioner is that the respondent No.3 has the applJcaSion of the petitioner for issuance of a permanent certincate on the ground that the petitioner has failed to 5. land records prsor to the year 1950, which is mandatory. The caste certificates are issued on the basis of circulars, directions and guideiines issued by the Supreme Court in Kumar^'Madhwi Pafc' and anoSTer v. AckSisonal Commisstoner. Triba! Development and c'thers1 whteh has been foliowed by this Court in Narendra Dsha"va v. State of C-.hhsffisc'sit' & Others . The aforesaid issue came up for consideration before a Division Bsnch of this OQUft In Nsrsndra Qsh^nv^ & oth©fcQnnoctsd ' matters, wherein it was observed as under: "Thereafter the Government has issued another order dated 27.06.2007 vvherein definition of bonafide residents of Chhatiisgarh has been defined and sxp.'a.'ned which indudes (i) person bslongirsg to '(;9S4)6SCC241 ' W.P.(C) No.5070/2007, decided on 27/09/2007 1" the centrai services posted at ChhatSisgrh, their spousss or chi'dren (ii} al! the smployees of State of Chhattisgarh, frseir spouses or children; (iii) Persons appointed on ConstitutionaS or Statutory posts by President of Sndia, their spousss or chi'dren; (iv) Corporations, Agencies, Commissions Board's Officiais/Officers/empioyees, their spouses or chiidren. This Government order is to benent the petitionere-students with respect to bonafide residents ofChhattfegarh. Vve are of the considered opinion that once such persons have been recognized as residents of Chattisgarh, then the same anaiogy shafi appiy for the purpose of the admission of children of the cateaories refsrrsd to herelnabovs are concsmed, if their caste is included in the Presidentiai Order." 6. The said order has neithsr been amended nor modified nor set aside bv ths suoerior court. The sams remains as tt is. 7. Havina reaard to the above stated observations and directions issued by this C-ouri in Narendra Dehahya the respondent No.3 is directed to consider the case of the petitioner and pass appropriate order, In accordance with law, without insistinj !and records prior to the year 1950, as land-records a!one are not the requirement. With fhe aforesaid observation and disoosed of. Sd7- Satish K. Agnihotri Judge Arur