=F XI-HC—78 '?=r •<ii'lit<'i^, Btil'y'i'o, fqdi^lj,< HI*IMI a»*iith •^200 sn^T'iraq;' ('ipf^^q) sn^i^itow 'cTSTT 3TT^T sn*fiqi WITW Bf?!I SII^t 51N6LE BENCH; HON'BtB W.P. rci No13001/2008 (Petition U/A 226/227 of p-he Con^titution of India) PETTTtONER 5iddharth Shri Chandr Post Rajnandgaon. Cl|ioure, aged about 45 years, S/o [bhan Choure, R/o Sadak Banjari, Tahsil Churiya, Distt. ChicHari Vs RESPONDENTS 1. The Stc Secretar^ D.K.S. Bh< 2. Sub Divid Rajnandgi 3. NaibTehi 09.07.2008 fhr Mr. Parag Kotecha, Advocate| Mr. Alok Bakshi, 6ovt. Adv. Heard. By this petition under /\rtic|e India the petitioner has impugned respondent No.2 has refused to is| the daughter of the petitioner nam^ The' petitioner is a &over|nment Assistant Teacher in the Distrid petitioner's daughter applied for- c( iTOff <=n^lCT<n'l "RFT^ff "^f 'fe^ <f^^l< i;3ifOT3)I^H •ICE DHIRENbRA MI5HRA ;te of Chhattisgarh, Through Tribal Welfare Department, iwan, Raipur. ional Officer, Dongargaon, Distt. lon. ;ildar, Churiya, Distt. Rajnandgaon. for the petitioner. respondents. 226/Z27 of the Constitution of •he order dated 2.8.2007 whereby ue permanent caste certificate to ;ly Ku. Bhawna Choure. employee and working as of Rajnandgaon since 1991. The ste certificate before respondent J-. :..^t^sS3^, /^ \ :F f.'»•-'•^ i-^f '^s?' ^' XI-HG—7S 'rsf •*ii^i<i<i, ®tTly'i(o,fsidi-Lfy,< *tIHMI thHlch "Wl 200 an^i •^ef; (lciIj»i<^T) sn^i w Rt-ii* ^^\ sn^Tsfrqt^ 'reiTW'Htet aii^i z- No.3 and she was issued tempo (Annexure P-4), however, her appl caste certificate was rejected by Annexure P-6 on the ground that resident of State of Chhattisgarh. The General Administrationl notification No.F9-l/2001/l/3 dat^ for bonafide residents of the officers/employees, their spouse) within the criteria of bonafide daughter of the petitioner also f< petitioner belongs to Mahar caste caste certificate of Annexure P-4) in the Scheduled Castes & Scheil 1976. In Writ Petition [c] No.E Vs. State of C.6. and others, the Q that once a person is recognized a^ the same analogy shall be applied provided his caste is included in| <ni<it<!i<fl*i ^wvii ^ fs^ ^•^,l< ^sifwsn^r ^ary/provisional caste certificate |ication for issuance of permanent fthe respondent No.2 vide order of |he petitioner is not the permanent |Department of State of C.G. vide •^d 27.6.2007 has given the criteria Sjtate and according to which the i^ and sibling have been included Iresidents of the State and the |lls within the above category. The as is evident from the provisional and the said caste is also included juled Tribes Orders (Amdt.), Act, 531^/07 between Ku. Bharti Banpuriya ivision Bench of this Court has held the resident of Chhattisgarh, then 1|or The purposes of his children also Ithe Presidential Order. Since the 4- 'Ksfi»tseti°' XI-HG—78 ~S^ ^WM^, 'a^ww, fqoiyy HWW ^,^jq, ••••••-•-•^200 311^1 ~t^V (.'^Sy^ff) 311^1 •SRI ^fW ^T^TT STT^T sh*lic?i TCiiw^ifeisn^t 3 petitioner and his daughter Chhattisgarh and the 'Mahar' caste) the Presidential Order as schei entitled td be issued permanenl Annexure P-6 is contrary to consti' Mr, Alok Bakshi, learned 6( fairly submits that the case of th^ order in the matter of Ku. Bharti In this view of the matterl order dated 2.8.2007 (Annexur{ respondent No.2-Sub Divisional consider the application of petitiorji afresh in light of the observaffions accordance with law within a peri^ production of certified copy of thi| Consequentty, I.A. No.l also Certified copy today. *i«i^<ftifli*^ff if "fetst ^ir^r^ ^raffinsn^n ire bonafide residents of the of which they betong is included in fuled caste, therefore, they are caste certificate and order of [utional provisions. tvernment Advocate for the State •h^ petitioner is duly covered by the B|anpuriya (supra). the petition is allowed, impugned P-6) is hereby set aside and Cjfficer, bongargaon is directed to fer for issuance of caste certificate made herein above and in )d of seven days from the date of order. itands disposed of. —-—— Sdt- ';[ , DhirendraMishra; Judge