C/jlz-DZ\ 1N THE HIGH COURT OF cHHA'rTISGARH AT BILASPUR (C) W.P. (o) No. Mg€$ 12009 *3; Singla Bench / Rakesh Kumar Choure, S/o. Shri PETITIONER Krishna Rao Choure, aged about 45 years, Occupation Security Officer, Dr. Syama Prasad Tap Vidyut Grih, g Korba East, R/o ward No.19, Sahdev Nagar, Rajnandgaon Tahsil and District Rajnandgaon (C.G.). VERSUS 1y i RESPONDENTS 1)*/State of Chhattisgarh Through: Secretary, Revenue, Department, t D.K.S. Bhawan Raipur (C.G.). I, 2) Sub Divisional Officer, Rajnandgaon ( 1 (ca) 3) Tahsildar, i Rajnandgaon (C,G.) RIT PETITION IINDER ARTICLE 226 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF APPROPRIATE WRIT/WRITSL ORDER/ORDERS; g I DIRECTIONI DIRECTIONS etc. W HIGH COURT OF CHHATTISGARH fBILASPUR WRIT PETITION (C) NO.4963 OF 2009 AFK PETITIONER Rakesh Kumar Choure Versus RESPONDENTS State of Chhattisgarh & Others (Writ Petition under Article 226 of the Constitution of India) Single Bench : Hon’ble Shri Satish K. Agnihotri, J. Present :- Ms Hamida Siddiqui, Advocate for the petitioner. Shri P.K. Bhaduri, Panel Lawyerforthe State. ORDER ORAL (Passed on this 15‘ day of July, 2010) 1. By this petition, the petitioner seeks to challenge the legality and validity of the order dated 3-8~2009 (Annexure — P/1) passed by the Sub Divisional Officer, Rajnandgaon, in case No.710-B/121 year 2005-06 whereby the Sub Divisional Officer rejected the application of the petitioner for grant of caste certificate. 2. The case of the petitioner, in brief, is that the petitioner was born in Rajnandgaon, a district of the present State of Chhattisgarh and the erstwhile State of Madhya Pradesh. Pursuant to carving out of new State of Chhattisgarh under Madhya Pradesh Reorganization Act, 2000, the petitioner was required to seek validation of his caste certificate which was granted to him on 11.7.2000 (Annexure P/3). On application being made by the petitioner, the competent authority, i.e. the Sub Divisional Officer (Revenue) Rajnandgaon, rejected the application of the petitioner for validation of his social status certificate on the ground that the ancestors of the petitioner have migrated to the'then State of Madhya Pradesh prior to 1950. Thus, the petitioner was required to submit all the requisite documents. lt is further submitted that once the petitioner has been granted proper valid social status certificate by the then State of Madhya Pradesh, it is not necessary to consider all the documents once again, as according to the petitioner, the State Government has issued circular dated 28.7.2003 (Annexure P/4) stating that for revalidation of the social status certificate, no documents may be / \ u requisitioned. \\ \ , . \ (2”7 3. Earlier the petitioner preferred a petition béing W.P. (C) No.6723 of 2096, which was disposed of by this Court by order dated 8-7'2009 (Annexure — P/6) and the Sub Divisional Officerwas directed to consider the application of the petitioner afresh in the tight of the circular dated 27.08.2003 passed by the State of Chhattisgarh as well as the order dated 27‘“ September 2007 passed by the Division Bench of this Court in Narendra Deharlya v State of Chhattlsgarh & Others and other connected matters 4. Pursuant to the aforesaid order, the petitioner submitted an application dated 28—72009 (Annexure — P/7) before the Sub Divisional Officer, Rajnangaon, for grant of permanent caste certificate, which was rejected by order dated 3—8-2009. Thus, this petition. 5. l have heard learned counsel appearing for the parties, perused the pleadings and the documents appended thereto. 6. The State of Chhattisgarh by circular dated 28‘7-2003 (Annexure — P/4)‘, having regard to the tact that the State of Chhattisgarh has been carved out from the erstwhile State of Madhya Pradesh on 1—11—2000 and further to facilitate grant of social status certificate, directed all the officers concerned vide memo that in case of the permanent residents of State of Chhattisgarh. which have been a part of undivided State of Madhya Pradesh, no further enquiry except original caste certificate is required for issue of permanent caste certificate. lf it is found that the candidate is not a permanent resident of State of Chhattisgarh and has migrated after 1950 the case should be considered in accordance with law properly. In the case on hand, the petitioner was granted caste certificate on 11-7-2000 and there is no dispute that, the petitioner is a permanent resident ofétate of Chha‘ttisgarh and has not migrated after 1950. The issue came up for consideration before the Division Bench of this Court in Narendra Dehariya (supra) wherein also this Court having considered the order dated 27—6-2007 passed by the State Government observed as under '. " ...... Thereafter the Government has issued another order dated 27—6-2007 wherein definition of bonafide residents of Chhattisgarh has been z 1W.P.(C) No. 5070 of 2007 defined and explained which includes (i) persons belonging to the central services posted at Chhattisgarh, their spouses or children; (ii) all the employees of State of Chhattisgarh, their spouses or children; (iii) persons appointed on Constitutional or Statutory posts by President of Agencies, lndia, their spouses Commissions, or children; Board’s (iv) Corporation, Officials/ Officers/employees, their spouses or children. This Government order is to benefit the petitioners~students with respect to bonafide residents of Chhattisgarh. We are of the considered opinion that once such persons have been recognized as residents for of Chhattisgarh, the purpose of then the the admissions same analogy of children shall of apply the categories referred to hereinabove are Presidentiai concerned, Order” if their caste is included .in the in view of foregoing and particularly iaw settled by the Division Bench of this Court in Narendra Dehariya (supra) for the State of Chhattisgarh, there is no reason Why the Sub Divisional Officer should take a contrary stand when he is bound by the circular ised by the State Government, which is approved by this Court also, Gowri For the reasons mentioned hereinabove, the impugned order dated 3—8—2009 (Anhexure P/1) passed by the Sub Divisional Officer is set aside. The matter is remitted back to the Sub Divisional Officer to consider the case of the petitioner in the light of above observations and issue the caste certificate to the petitioner, in accordance with iaw, at the earliest preferably within a period of two weeks from the ’ In the result, the writ petition is allowed to the extent indicated above. No order asto costs hu / Sd/- Judge ' v {Satish K. Agnihotri‘ 10‘ bk v date of receipt of a copy of this order. ,l su