^—^ c IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR fC.G.l W.P.fCl No.^^.3../201l PETITIONERi VERSUS Riyaz Baksh Aged about 23 Years S/o- Shri Naim Baksh R/o- Jain Mandir Road, Mahasamund (C.G.) RESPONDENTS: /^ ?^K ^iy ^y ^•''^ /' ^'.^ <- ^\. State of Chhattisgarh Through Secretary, Tribal Welfare Department, D.K.S Bhawan, Mantralaya, Raipur (C.G.) 2. High Power Caste Scrutiny Committee, Through its President Cum Secretary, Schedule Caste & Schedule Tribe Development Department, Tribal Research &Training Institute, Pt. Deendayal Upadhayay Nagar, Sector-4, Raipur (C.G.) 3. Commissioner Cum Member Secretary High Power Caste Scrutiny Committee Schedule Caste & Schedule Tribe Development Department, Tribal Research &Training Institute, Pt. Deendayal Upadhayay Nagar, Sector-4, Raipur (C.G.) PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF APPROPRIATE WRITS OF MANDAMUS AND CERTIORARI AND FOR^ITHER SUITABLE WRITS AND DIRECTIONS: ^ PETITIONER RESPONDENTS MIGH COURTOF CHHATTISGARH : BILASPUR WRIT PETITION (C) N0.671 7 OF 2011 Riyaz Baksh Versus State of Ghhattisgarh & Others (Writ Petition under Article 226 of the Constitution of India) Singte Benoh : Hon'bie Shri Satish K. /^nihotri, J. Present:- Shri Mateen Siddiqui, Advocate for the petitioner. Shri Sumesh Bajaj, Government Advocate for the State. ORDER »th (Passed on this 17"' dayof November, 2011) Bythis petition, the petitioner seeks a direction to the respondent High Power Caste Scrutiny Committee to verifythe caste certiricate ofthe petitioner and declare Ihe petitioner as Manihar (Other Backward Class) and further, not to foree the petitioner to produce documents prior to 26.12.1984, as Ihe same is not the mandatory provision, on the ground that the respondent is insisting for the documents prior to 26.12.1984. So far as the first prayer is concerned, the same cannot be granted, as this is for the High Power Caste Scrutiny Committee to consider not only the documente, but to examine other factore also and verity the social stalus of the candidate. At this stage, when 'rt appeare that they are in the process of consideration of verification of the caste certificato, the petitioner without responding to direGtion to produce documents prior to 26.12.1984, has chosen to approach this Court to interfere with ttie oonsideration of his application by the High Power Caste Scrutiny Committee. It is well settled that the old documents are more reliable, however, that alone cannot be the criteria for detstmination of caste of a peraon, as held in a various decisions of this Court as well as the Supreme Court of India. In view of foregoing, no interference at this stage is warrarrted in this petition. Accordingly, the writ petition is dismissed. Howeyer, the respondent High Power Caste Scrutiny Committee is to decide the case 'bfthe petitioner within a reasonayetime, as prescribed bylaw. Sd/- SATISH K. ANGNIHORI Judge asholt