& HIGHCOURTOECHHATTISGARHATBILASPUR DIVISiONBENCH CORAM: HON'BLE SHRI .JAGDISH BHAU-A, Ag. GJ; & HON'BLESHRISATiSHK.AGNIHOTRI.J. WritPetitionjClNb. bf2007 Petitioner Resoondents 1. ^.'f Narendra Dehai'iya, Sfti Shri Daulat Ram Dehariya, aged about 21 years, R/o. Joda Pipal, IVIohalla Kedarpur, Ambikapur, "Distrjct Suguja (C.G.), presently residing at Kosa Badi, Near Head Post Office, Korba Dist, Korba^.G.) Versus - State of Chhattisgarh, through the Secretery, Department of Higher /Edycation, D.K.S. Bhawan, Raipur ?(G.G^.^^,,:, .:-,;:,'.,. Ghhattiisgarh Professipnal Examinatiori Board, through%<its Cpritroller; C/168, Tagore Nagar, Raipur(C.G.) Chairman, Counseling Committee, G.G. Professional Examiriation Board, through its Controller,C/168, TagoreNagar, RaipUF(C.G.) The Director, :the Directorate M Medical Education, Old INyrses Hostel Building; D.K.S- Bhawan Compnund,Raipyr(C.Q^ i Writ Petitioh under Artiele 226of the Constitution of India 2. 3. WritPetitionWlNo. 5561 of2007 Petitioner: ResDOndents.: Ku, Ankita' Badhiye (Minor) aged year 11 montt-l D/6 Aryn Kymar Badhiye through : Arun Kumar Badhiy6aged48yearsS/ol..ateShn KJ-. Badhiye Executive Ehgineer, W.R.S. R/6 B-5 Parij&t Coiony Ring Road no.2, Bilaspur (C.G.) Versus' • -: •".:: -; : '• • .'^,...:\^.. 1. State of ChhattisgarlT, threugh; the Wt ^ ^'^^^:; r-\ BiBESS 2- Secretary, Departmeht' of Health,- D.K.S. Bhawah, Raipur (C.G .). Director, Medica! Education, Raipur (C.G.) Anusuchit Janajati parmar patra Uchha Estariya Chhanbin Samiti, through its president pandit Ravi Shanke Shukia Vishwavidalaya parisar, Raipur(C.G.) Writ Petition under Article_226 pf the Constitution of india 3. .^ ^. ^' ^ Wrjt Petjtion iC} No. 5386 of 2007 Gayatri Karoliya, D/o Netram Karoliya, aged about 19 years, R/o Manendragarh, District Korea (C.G.) 1 • . .. Versus 1. State of Chhattisgarh, Through the Secretary, Department of Health & Family Welfare,' D.K.S. Building, Mantfalaya, Raipur, Chhattisgarh. 2. Director, Medical Education, Raipur, Chhattisgarh. 3. Chhattisgarh Professional Examjnation Board, through Secretary, Raipur, Chhattisgarh. 4. Caste Certificate High Power Scrutiny GommiBee, Office of the Commissioner, SC/ST Devp. Department, Raipur, Chhattisgarh. Writ Petition underArticle 226ofthe Constitution of India Present: Shri Kanak Tiwari, Senior Advoeate with Ms. Bharati Soni; Shri Sandeep Dubey; Shri M.P.S. Bhatia &Shri ShashankThakur, counsel forthe petitioners. Shri Prashant Mishra, Advocate General with Shri A.S. Kachhawaha, Government Advocate for the State. Shri Jitendra Gupta, counsel for Chhattisgarh Professlonal Board. ( ORALORESER (Passed on 27m September, 2007) ^^^S^BB ^,:1 ^^.'•^"N.^^si^^^^^ ^•^Ns^SMI^^^SS •i^,^'>:^€i'^i^£i;%®'^^SS^ ^^.^^yKiKiS?%^3^KS^^^^ £-" <-i1! '^ .../<..'. The.follewlngoralorderoftheeourt was passed by Hon'bfe JagdisK'Bhalla, Ag. C.J. Since in allthe thrse connected writ petitionssimilar prayers and grounds haye been raised, they are being considered and disposed of byonecommonorder. The appiications for amendment are allowed. Let necessary amendment be carried outduringthe course ofthe dayand copy.ofthe amendedpetition beserved uponthe State. The petitioners are the students who want to pursue professional course. Though born andbrought up in the State of ChhattisgaFh their social status has been denied and accordingly the caste certificate granted to them has been rejected. Learned Advocate Generat appearing for the respondents / State informs that the judgmeht of the learned Single Judge was wrongly interpreted and in compliance of the judgment in Writ Petition No.2510/2004 dated 04-02-2Q05,the Government by an order dated 02.02.2006 had kept its notification dated. 06.07.2004 in abeyance. Thereafter the Government has issued. another ord^r dated 27-06-2007 wherein definition of bonafide residents of Chhattisgarh has been defined and explained which includes (i) persons belonging to the central services posted at Chhattissarh, thelr spouses or children; (ii) all the employees of State of Chhattisgarh, their spousss or children; (iii) Persons appointed on Constitutional or Statutory posts by President oflndia, their spouses or children; (iv) Corporations, Agencies, Commissions, Board's, Qfficials/Officers/employees, their spouses or chiidren. This nimml ^^ ^ Government order is to benefit the petitioners-students with respectto bonafide residents of Chhattisgarh. Ws are of the considered opinion that once such persons haye been recognized as residents of Chhattisgarh, theri the same analogy shall apply for the purpose of the admissions of children of the categories referred to hereinabove are-.Concerned, if their caste is included in the Presidentia! Order. The respondents are directed t6 consider the candidature of the petitioners -students afresh in the light of the obsen/atiohs made hereinabove, in accordance with !aw. With the aforesaid observation, the writ petitions stand disposedof. . Sd/- Ag. Chief Justice Sd/- Satish K. Agnihotri Judge ^.f