; HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (SI No. 2102 of2009 Hari Krishna Netam S/o Late Shri Piyarelal Netam, aged 28 yrs, peon at Kushabhau Thakre Pratrakarita Evam Jan Sanchar ‘ Vishwavidyalaya, Kota Stadium, Raipur C.G. VERSUS PETITIONER RESPONDENTS :1. State of Chhattisgarh Through Secretary, Higher Education Dept. D.K.S. Bhawan, Secretariat, Raipur. 2. Kushabhau Thakre Patrakén'ta Evam Jan Sanchar Vishwavidyalaya, Kota Stadium Raipur C.G. 3. State Higher Power Caste Scrutiny Committee, thru Director, Higher Power Caste Scrutiny Committee, University Campus, Raipur, Distt. Raipur. 4. Dr T.K.Vaishnav, Joint Dir. State High Power Caste Scrutiny “Committee Univ. Campus, Raipur, C.G. 5. Commissioner, Scheduled Tribe and Scheduled Caste Welfare Dept. Raipur C.G. WRIT PETITION UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA SB: Hon’ble Shri Satish K. Agnihotri, J. Present: Shri Bhislnna Kinger, Advocate for the petitioner. Shn' M.P.S.Bhatia, Deputy Government Advocate for the State/ respondent No. 1, 3 and 5. ORAL ORDER (Passed onT— 23 day of April, - 2009) The petitioner challenges the legality and validity of the order dated 05.03.2009 (Ar/inexme P/S) whereby the petitioner was directed to / ' ’_ .u f .obtain a certificate hom High Power Caste Scrutiny Committee (for .short ‘the Committee’) in respect of his social status i.e. Scheduled ' Tribe and order dated 12.01.2009 (Annexure P/9) passed by the Committee whereby one Shri Roshan Kumar Netam was not found to be a Scheduled Tribe. 2. The brief facts, are that the petitioner was appointed as Peon under \ Scheduled Tribe category on 19.09.2008 (Annexure P/6) for a probation \ \ Lt Amit of two years. In condition No. 2 of the said order, it was specified that the petitioner being Scheduled Tribe should obtain a certificate from the Committee within a period of one month. The petitioner, admittedly did not approach the Committee for approval of his social status certificate. Thereader, the impugned notice dated 05.03.2009 (Annexure P/8) was issued directing the petitioner to obtain a certificate from the Committee by 30m April, 2009. The petitioner, instead of approaching the Committee, has filed this petition stating that in a similar matter, the Committee has not gamed cextificate of Scheduled Tribe to one Roshan Kumar Netam. 3. Be that as it may, the petitioner despite being given one month’s time hem the date of appointment, has taken his own time and did not obtain any certificate from the Committee. Thereahe‘r, on the impugied letter dated 05.03.2009, the petitioner has approached this Court by this petition without approaching the proper forum i.e. the High Power Caste Scrutiny Committee. The Committee has been constituted to determine the social status of a candidate who claims special status like Scheduled Caste, Scheduled Tribe or Other Backward Class. This Court cannot decide the question of social status of the petitioner as a specific body / is created for the said purpose. 4. In View ofthe above, the petition is dismissed at the motion stage itself, being devoid of merit. However, liberty is reserved to the petitioner to take recourse to appropriate forum as may be available under the provisions oflaw, if so advised. No order asto costs. Sd/- . Satish K. Agnihotri l Judge