HIGH COURT OF CHHATTISGARH AT BILASPUR Writ PetitionLC‘, No. 6466 6f 2008 ETITIONER : Ku. Lam Bhimte S/o Shri Khushal Bhimte, aged about 35 years, R/o Ward No. 10, Shikshak Colony, Station Para Disuict Rajnandgaon (CG). VERSUS 1. State ofChhattisgarh through the Secratary Schedule Caste and Scheduled Tribe, Tribal Welfare Department, DKS Bhawan, Mantralaya, Raipur (CG). Union of India, through the Secretary of Personnel and Private Grievanceg Cell, Loknayak Bhawan, Khan Market, New Delhi. ' 3. Sub Divisional Oliicer, District Rajnandgaon (CG). 4. Tehsildar, Rajnandgaon, District Rajnandgaon (CG). . (wmr pan-HON UNDER AR'HCLE 226 or ma CONSIrrUTION or INDIA) (an Hombre Mr eaush K. Agmhom, J) RESPONDENTS Present : Shn Anup Majumdar, Advocate for the petmoner “hr: Alok Bakhshi Govt Advocate for the State/respondent No l 3& 4 Shn J.A. Loham, Advocate for the respondent No 2 ORAL ORDER 7 (Passer! on 29‘“ day er January, 2099) With the consent ofthe parties, the matter is taken up for hearing finally. . By this petition, tiled under Article 226 of the Constitution of India, the petitioner has impugied the order dated 08.10.2008 (Annexure P/l), whereby the respondent No. 3 has refused to issue permanent caste certificate to the petitioner. The petitioner applied for caste certiticate before the competent authority and ' she was issued temporary/provisional caste certiiicate,(Annexure P/3), however, her application for issuance of permanent caste certificate was rejected by the respondent No. 3 Vide order dated 08.10.2008 on the gound that the petitioner is not the permanent resident of State of Chhattisgarh. The father ofthe petitioner was EX-employee ofFood Corporation of India. P . . 3. The General Administration Department of State ofC.G. vide notification No. F 9-1/2001/1/3 dated‘27.06.2007 has given the criteria for bonaiide residents of the State and according to which the ofiicers/employees, their spouse and sibling have been included within the criteria ofbonafide residents ofthe State and the petitioner also falls within the above category. The petitioner belongs to Mahar caste, as is evident from the provisional caste certificate and the said caste is also included in the Scheduled Castes & Scheduled Tribes Orders (Amt), Act, 1976. 4. In Writ Petition (C) No. 5314/07 between Ku. Bhani Banpuriya Vs. State of C.G. and Others, the Division Bench ofthis Court has held that once a person is recognized as the resident of Chhattisgarh, then the same analogy shall be applied for the purpose ofhis children also provided his caste is included inthe Presidential Order. Since the petitioner and her father are bonatide residents of the Chhattisgarh and the 'Mahar' caste ofwhich they belong is included in the Presidential Order as Scheduled Caste, therefore, they are entitled to be issued permanent caste certificate and order dated 08.10.2008 is contrary to constitutional provisions. . Shri Alok Bakhshi, learned Govt. Advocate for the State, fairly submits that the case ofthe petitioner is duly covered by the order in the matter of Ku. Bharti Banpuriya (Supra). 6. In view ot'the above, the petition is allowed. Impugied order dated 08. 10.2008 (Annexure P/l) is hereby set aside and the respondent No. 3/ Sub Divisional 0dicer, District Rajnandgaon, is directed to consider the application of the petitioner for issuance of caste certificate afresh in light ofthe observations made herein above and in accordance with law, within a period oftwo weeks ‘_ from the date ofreceipt ofa copy ofthis order. 7. Consequently, pending applications, ifany, stand disposed of. / / r i Satish K. Agnihotn Judge ‘i// sel- \Xx"