(5 HI©HCOUfFT €>FCHHATTBQARH AT BILA^>UR Writ Appeal No.304 of^1 Q APPELLANT: Petitioner Smfc Ganga Goysrt, W/Q Shri Ram Krishna Goyal, s^ed about 57 years, Occupation Serwtee, working as Upper Divisjcm Teacher (UDT), R/o C/Q Lata Goyat, Hostet Superintendent, Naveen P<^t Metrte Gtris AacUvasi Hostet, University Campus, Raipur (CG) Versus RESPONDENTS: 1. 2. 3. 4. The State <rf Chhattjsgarh, through the Secretary, Tribal Welfara Department, Mantralaya, 8has6fi Chowk. Raipur (CG) State of Chhattisgach, through the Secretary, General AdmiNstration Department, Mantralaya, Shastri Chowk, Raipur (CG) The Commissloner, Tribal Welfare» Coltectorate Offtce, Raipur (CG) The Chatrman, Htgh Power Screening Coromittee for Scheduied Castes & Scheduted Trlbe, Mantralaya, Raipur (CG) Present: Shri Prashant Jajswal, Sr. Advocate wtth Shri Atay ^liSttra, Advocsrte forthe appeUant Shri U.N.S. Deo, Govt. Advocate fortheState. Division BttNdi; Hoii'MeAht'J Ohirendra Mlshra & Hon'bte Shri R.N. C»iandrakar.JJ. JUDGMENT (6-9-2010) l. The appetlant was issued Scheduled Tribe caste certifiegrte by the Executive Magistrate and Deputy CoNector, Durg on 6-12-1980. Sh® was directed to appear before the High Power Cast® Scruttoy Commlttee (forshort the Committee') forverfficatienofsocialstatusoy the appellant on 26-6-2004. The appellant appeered before the Eil|igj|BW%SSRiSSI ^ ^ Commjttee and submitted her reply. The eommittee vlde lls order dated 24th January, 2005 held that the appellant is not a merrtfier of ST communityandrecommendedt©takeacUonaga»nstth®appeUaRt. 2 The appetlant challeRged the oKder of the CommRtee toy way of writ petttion and prayed for dlrection to the respondents to allow Mr to continue as ST for beinga member of Mannewr community and also prayed that the matter may be remttted back te the Gommlttee for taking appropriate decteion in aecordance wtth law. However.th®wrtt pet'rtJonhasbeendterviissedv^hanobservaUcmthatttteappellanthas failed to prove her case before the Committee beyond all reascinabte doubt The Commlttee passed the tmpugrwd order after aflbrdlng opportunity of hear^g to the appellant, after obtatmng reply from the appellant and also after due enqujry, burt the appeltent failed to ^iow as to how she obtatned caste certiflcate from Durg when she was residing at Bitaspur at that relevant poirft of time. The ftistant appead is directedaga{r>stthetmpugnedorderofAnn®(ure^V1, 3; Heard learoed counsel for the appellant. 4. The High Power Caste Scrvtlny Commjftee tias been eonstituted by the State Govemment as per directtons of tie Supreme @ourt in ttie matter of Kumari Madhuri Patil and anolher Vs. Adtll* Cominissloner, Tribal Developinenf »nd others reported in AIR 1995 SUPREME COURT 94 and the entira proeedure for issuance of social status certirieate, their scrutlny ahd their approval has been enumerated inpara-12 of the abovejudgment. lnsub-para-11 ofpara- 12, it has been held that the order passed by the Comfnittee shaB be final and conclusive only subject to the proceecfings urider Articte 226 of the Constltution. Sub-para-12 provides ttoat no sult or other proceedings before any other auth^rtty should Ife. 8ub^>ara-13 reads as under:- "13. The High Court woyld dispose of these eaaes as expecUtiously as posslbte withfn a period of three months. In case, as pw ite pFooedure, the wrtt petttion/ MisceIIaneous petftion/matter is di^osed of by a sinQle Judge, then no further appeal would lie agalrwt W»at / ( 1 /i? X. '^^/ ^y:.^ Barve ^^^^^i^'^^^^^ order tothe DNsion BenGhbut subledtospecial teave underArtfote136.n 5. In view of the dlrections of the Supreme Court 1n the atx>ve eited judgment, we are of the opinjon tigrt the instant writ appeal again^ the order of teamed Singte Judge is not mairrtainaNe and the sai'ne is dismissed asnotmairttainable. i Sd/- Dhirendra Mishar Judge Sd/- R.N. Chandrakar Judge