€• . ^ oo ! IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR W.P. fS) 61 /2011 PETITIONER f Hetram Baiga S/o Ram Khilawn Baiga aged about 35 years, Cast Baiga Working as Shiksha Kamii Grade - 3 Primary School Sivni R/o village Podi Tah- Sipat Dist. Bilaspur C.G. VERSUSE RESPONDENTS ^o' .^^^ €^^ ^^••^ ^^/-" ^" / 1. State of Chhatishgarh through:- The Secretary Department ofPanchayat & Rural Development, Mantralay, D.K.S. ,Bhawan, Raipur C.G. ^-2. The Cast Scrutmy Committee , Pandit Ravishankar Vishvavidyalaya Parisar Raipur, Distt. Raipur C.G. ^-3. The ChiefExecutive Officer, Janpad Panchayat Marwahi, Distt. Bilaspur C.G. WRIT PETITION UNDER SECTION 226 OF THE CONSTITUTION OF INDIA ^ -<^ 7£r•*ii^M<4, ®ii1y'i<o,ra<cii<-i^< 3-(^ )v^.^,£J/t) SIT^I 'qgq? C^?f35i^tf) aii^T'mferaT '?T£IT3ni?r ^--H TOiiwgfeTsn^r SB : Hon'bleShri ManjndFa WioRan 30-09-2011 1 and 2 on advance copy. This petition has been filed 'fyj/ CM<ii<r('4}i ^H<nf ^f 'fe'^sl '?f3^T< ^? sifaH sn^';' snnvastava. j. Shri Amit Kumar, counsel fortjie petitioner. Shri Praveen Das, Deputy Got/emment Advocate for the State/respondents the petitioner commanding respondent No.2 to verifv certificate without insisting him to produce land records inciuding Missal Bandobast of last 50 years. The ^etitioner has aiso prayed to issue suitabie 1 certification commanding respondept No.3, not to initiate any adverse action affecting services of the petitioner til From the pleadings and the found that the petitioner was appoi and there was a condition incorptarated in the order that the petitioner has submitted provisional caste cerUfic caste certificate. Later on, a memo requiring the petitioner to submit appointment of the petitioner wouid ^te and he is required to submit permanent Ihas been issued to the petitioner on 8/2/2011 tiermanent caste certificate failing which the te cancelled. received any document. He further has been insisting him for productio| and therefore, non-producnon of th petitioner in the present stage. IverificaUon ofthe caste certificate. documents annexed in the writ petltion, it is ited vide order dated 22/2/09 (Annexure P/1) Learned counsei for the petjtioner submits that in view of the conditions incorporated in the appointment ord^r, the petitioner appiied for Missal Bandobast records on 23/2/2010 in the office oijthe Coiiector, Bilaspur but tiii date, he has not Isubmits that as the Caste Scrutiny Committee h of Missal Bandasast recorcts in the matter of scrutiny of caste status, the petitio^ier is unable to proceed further in the matter caste certincate is beyond the controi of the "^T^r^-~-¥^n.W—2/20;i—1,50,000. s T '3~S[ -<11<41CT<1, •STll-'-l'Ko, fs|dl'LllJ,< ..^?.A.(-^JI...!±0.. ^.4.?.J_[L '•^200 aw^r Tra^r (i?Fs°"\tl) an^iqiTfyiw 'av an^; shiii* WiiWHf^sn^i <=?• On the other hand, leamed State counsel submits thaEffom''the averments made in the petition, there is no dodument fiied by the petitioner to show that the petitioner has approached the Cas) =til<)f<'t'iil-1 ^WRtf 4 fe'3 T^^ll ^3ifiiH3!li7; e Scrutiny Committee for verification of his •r^ c^ ^y^t^A^l-If.'v'^ ~':~ . . t i ,.^ : *" ''""' ''TI!ie^e{itigg^ holds a provisicjnai caste certincate showlng him belonging to ,6gig8, i<;,oij%(tB»ty»ofScheduled T^ibe. The petitioner was required to submit permanent caste certificate. The pelitioner has made'averment in the petition that he had appiied for Missal Bandobaff records from the office of the Coilector on 23/2/2010, which was not received gnd when he received memo dated 8/2/2011 (Annexure P/3), he approached the certificate. It appears at this stage that tt1e petitioner has not submitted any appiteation in writing that the Missal Banckrii^st records, as applied for, have not been received. Therefore, in these circutnstances, this petition is disposed off with a direction to the petitioner to approaij;h the High Power Caste Scrutiny Committee within 15 days from the date of rec^ipt of copy of this order and in turn, the High Power Caste Scrutiny Committee shfall issue requisite form to the petitioner which wouid be submitted by him within Tiil six months, no coercive s appointment shal! be taken by any ol resDondent No.2 for verification of his caste a period of one month and thereafter, the Committee shaii examinethe matte|- and pass appropriate orders in accordance with iaw, as early as possible, prefer^bly within a period of six months. ;eps against the petitioner, in the matter of his the respondents. In case, the grievance of th^ petitioner is not redressed, he wouid be at liberty to take recourse to such rem^dy as may be avaiiabie to him under the law. Deep.iL ^^-,_L_ •i.r-: S'?OT^;, •{1-uRT^t-;—FS/^40—2/20ti —!,50,000. Sd/- Manindra Mohan Shrivastava Judge iW