HIGH COURT OF CHHATTISGARH AT BILSU DIVISION BENCH HON‘BLE SHRI RAJEEV GUPTA, C.J. _ HGN’BLE SHRE $UNEL KUMAR SENHA, J. I ‘ i CORMn‘: g i 1 ! I ; J « i Petitioners 1 I x x Rezspondents Writ netition under Articie 226 of, the Constitution of India / i Wr§t Petition (PiLi (PR) No.2’292l2009 wMPiL) gig 3/209 O 1 The Buddhist léociety of India (Branch Raipur) Thr ugh . it’s Genera! Shri Tukaram Gaurkhede, aged abou 49 years, R/o: C/4 — 15, Sector — Hi, Udya Society, f atibaadh, Raipur (CG) Anil Borker, :Slo iate Mangachan .Borker, aged: abaut 45 years, R/ Bhimnagar, Sa'mta Coiony, Raipur (CG Secretary, Bh%jraj Gaurkhede, S/o late VERSUS State of Chhattisgarh Through — t Secretary Scheduied caste and g Scheduied Tribe welfare Department I DKS BhawanQMantraIaya Raipur (nu; Secretary, General Administration v Department, EKS Bhawan, i‘viantraiaya I Raipur (CG) ’ State Level High Power Caste Scrutiny g Committee, Thrcugh Director, High l ; Power Caste Scrutiny Committee, i University, Campus Raipdr District y c x Raipur (C‘G') < «r: State of Madhya Pradesh Through — Secretary, General Administration Department, Vallabh BhaWan, Bhopal, , (MP) i Union of lndia, Through Secretary, Department of Personnel, Pablic Grievances & Pension, New Delhi I‘I‘\ APR i t d e ) \4} sent hrIAnup Malumdar c §nses fortne petitioners gun Kiohore B‘1auun A dmora¥ Advocate Gewea! fo. the State / respondents o 1 to 3 _»Umon Smt Eou2ia of indla N'irza I respond AeSisgant nt No Samar 5 Gene a! for __ Qrder I _ t3“ February 291a) The foHowmg Order of the Court was passed by RaJeev Gupta, C J Learned counset for the parties are heard on admIsSIon s2) l The petitioners have fried thrs writ petition styled as ‘Pubhc interest Lmgatlon for the followmq rehefs v “10.1 That, the Circulars dated 23/7/2003 and I 28/11/2006 tesued by the state Government being contrary to the law and Judlmat pronouncements may be g set-asidelquashed ' 102That the State-level High-Power Caste Scrutiny ‘ Committee and Revenue Authorities Issuing Caste Certifrcate may be directed not to compel the candidates applying for the caste-certificate to produce pubtic documents necessarily, prior to 10~08-1950 in ii cases of Scheduled Caste 06-09-1950 in cases of ‘ Scheduled Tribe and 26-12-1970 in cases of Other i :1 Backward Classes and further be directed to pass ; ‘ orders on the ba3is of documents fled by the candidates atonQWith the application for issuance or verifcation of caste certtftcate or after conducting ' ‘ inqUiry,tf required ‘ 10 3That the reqUirement of verified caste certificates. f V prior to all the admrssmns appotntments and Pre S i p \Mv i promotions in the reserved category made by State ¥ i ’ Governmentoritsinstrumentaiitie§7maybe quashed. , ‘ \ - ‘10 6That the State Government may be directed to fix 2‘ g the norms or penpherv In which the State-level High- ‘ Power Caste Scrutmy Committee In the State of LI .Chhattrsgarh may exercrse the povrers vested m rt under athe taw for venf‘catron and scr tiny of socral status certificates '1 0 7That the respondent authorities may be directed to determine the reSIdentrai status of the Scheduted éCastes, Scheduled Tribes and Cther Backward €Classes permanently settted in the geographical area Eof Chhatttsgarh prior to 1/11/2000 for the purpose of igrant of soclal status certificate as per the law of land 1:10.8That, this Hon ble Court mayl be pleased to direct Ethe State Government to take appropriate steps to look Elnto the matters and grievances of Scheduled Caste ’§Scheduted Tnbe & Other Backward Classes candidates In procuring the caste certmcates, their scrutiny & verification for proper enforcement of their constitutional :rights. 910.9Any other ‘relief may alsobe granted to the petitioner which this Hon’ble Court may deem fit andi proper in the facts and circumstances of the case.” 3) The above mentioned reliefs sought by the petitioners cannot be oranted In a writ petition filed as Public Interest Litigation We- therefore decline to entertain the writ petition f‘led as ‘Public interest Litigation . I 4) The Writ petition, therefore: is liable to be dismissed and is hereby» dismissed with the liberty to the members of the Petitioner t S t a peon nu ca for th rdressai c te grievances nrolected In the writ p tmon In regard to Issuance f h and verification of the Caste Certifica \ t 7 Sol/- Chlef Justic ‘ I subbu omety o file wnt titi m IdMdal pamty e e t M e