pyx‘lg IN THE HON’BLE HIGH COURT OF CHHATTISGARH AT I' BILASPUR w. P. s. No. 2 g8 g— OF 2010 $§§§g§g §$mh PETITIONER : Antimbala Bhawel Wife of Shri Ramesh Chandra Bhawel, aged about—26 years, R/ C/o Santosh Ahirwér, near Jyoti Vidya ‘ Mandir High School, Ghotiya Road Kawardha, Distt.- Kabirdham (C.G.). VERSUS V 1. State of Chhattisgarh through Secretary, Panchayat and Gramin Welfare Dep‘artment, D.K.S. Bhavan, Raipur (co) Collector, Kabirdham Distt. Kabirdham 1 . (co). l 3. District Education Officer, Kabirdham, Distt. Kabirdham (C.G.). 4. Chief Executive Officer, Zila Panchayat, It Kabirdham Distt. Kabirdham (C.G.). ‘ V WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA /a o HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (S) N0. 2585 of2010 WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA SB: Hon’ble Shri Satish K. Agnihotri, J. Present: Shri M.K.Sinha, Advocate for the petitioner. Shri Sushil Dubey, Government Advocate for the State/ respondent No. 1 to 3. ORDER ORAL (Passed on 20‘ day of April, 201 1) Challenge in this petition is to the non-selection of the petitioner on the post of Shiksha Karmi Grade III, on the ground that the petitioner is not in possession of a valid caste certificate issued by the State of Chhattisgarh. 2. Shri Sinha, learned counsel appearing for the petitioner submits that on the ‘basis of caste certificate issued by the, then, State of Madhya Pradesh, the petitioner had made an application before the Tahsildar, Kawardha for grant of caste certificate in the light of the circular dated 15.11.2010 (Annexure P/13). The Tahsildar, Kawardha, by order dated 15.12.2010 (Annexure P/14) has rej ected the application of the petitioner. Shri Sinha further submits that the caste. certificate issued by the State of Madhya Pradesh may be held as a valid caste certificate for the purpose of selection and appointment of the petitioner on the post of Shiksha Karmi i Grade I. There is no gainsaying that the petitioner is not in a possession of a caste certificate issued by the present State of Chhattisgarh. PETITIONER Antimbala Bhawel. VERSUS RESPONDENTS : State of Chhattisgarh & Others. 2 Reliance of the petitioner on the circular dated 15.11.2010 for consideration to grant caste certificate, cannot be examined in this petition as there is no challenge in the petition to the rejection of the application for grant of caste certificate by the competent authority. Learned counsel contends that there is a challenge to the same also as documents to that effect, have been tiled. This cannot be treated as a challenge to the order passed by the competent authority, as there should be specific challenge in the pleadings. So far as rejection of the petitioner for selection and appointment on the post of Shiksha Karmi Grade I is concerned, that is just and proper as the petitioner cannot be granted an appointment, against the reserved category, for want of valid caste certificate, duly issued by the competent officer of the State of Chhattisgarh. The circular dated 15.11.2010 (Annexure P/13) does not convert a certificate issued by the State of Madhya Pradesh, to be a certificate issued by the State of Chhattisgarh. Thus, in this petition, the question with regard to rejection of the application for issuing of caste certificate cannot be considered for want of proper challenge. The issue involved herein that for want of proper caste certificate, the petitioner was not appointed, is just, proper and does not warrant any interference. Accordingly, the writ petition is dismissed. NO order asto costs. // O\U‘ Sd/- SATISH K. AGNH'IOTRI ; Judge Amit’