^) ;?"1'-^ -".':- •-. .-•'-' "'- E^ ^ IN THE HON'BLE HIGH COURT OF CHHAmSGARH AT BILASPUR W.P.IS1 N0. \^Q\ PETITIONER : ^ /2010 (S.B.l ^ouJL Nandkishore Cete, S/o P.L. f-oiA €ele, aged about 33 years, < \A\ \ ^1<?:1 •^./ ^^IS^ 0<I-- . ...-•' o. bd"' RESPONDENTS R/o Village Sargipal Para, Kondagaon, Post Kondagaon, Distt. Bastar (C.G.) VERSUS 4. State of Chhattisgarh Through:- The Secretary Industries Department, D.K.S. Bhawan, Raipur (C.G.) 2. Principal Govt. Industrial Physical Centre Geedam, Distt. South Bastar, Dantewada (C.G.) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA. • HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (S) No. 1461 of2010 PETITiONER : Nmdkishore Koul. VERSUS RESPONDENTS :. StateofChhattisgarh&another. WRlT PE'nTION LJTsrDER ARTICLE 226 OF THE CONSTITUTION OFWDIA SB: Hon'fele Sliri Satish K. Assuhoti-i, J. Present: Shri N.K.Chatterjee, Advocate for the petitioner. S!m A.V.Shridhar, Paas} Lav»yerforthe State/'respondents. 3. (Passsd on 05m day of April, 2010) The petitioner, by tlus petition seeks quashing of the order dated 19.03.2010 (Annexiire P/'l) whereby the petitioaer has beeii directed to produee the caste certificate verified by the High Power Caste Scrutiny Conimittee, witiun a period of one week, as the petitioaer has claimed selection and appointment on fhe post of Trauiing Qfficer, Grade III, Welder Trade, being a scheduled tribe, against resefved post ofS.T. According to leamed counsel for the petitioner, the petitioner has made an applieation before the High Power Caste Scratmy Committee two months before, which is still pending consideration. Tlie Supreme Court, in Kzimari Madhuri Patil and Another v. Addl. Commisswner, Tribal Development and Others, has laid down the .Ruidelmes which reads as under: "13. '13. The admission wrongly gamed or appomtinent wrongly obtained on the basis of false soc'ial status certificate necessarity has the effect of deprwing the geimine Scheduled Castes or Scheduled Tribes or OBC candidates as enjoined in the Constitution ofthe benefits conferred on them by the Constitution. The genuine candidates are a'lso denied admission to educational institutions or appomtinents to offlce or posts undei' a Statefor -want ofsocial status certificate. The meligibSe or spurious persons n'ho falsely gained entry resort to dilatory tactics and create hiirdles in completion ofthe inquiries by the Scrutiny Committee. It is tr'iie that the 1 ^l(1994) 6 SCC 241 II. — ^'•-:«''S!>^ ;,-... '^ jl:' ;,A, fl(Lri^1 "-.•••-.^K .^•••^.' :lfc'- Si •~;^^?i::T-''' ' T.: £! -,-fi'' ,e ""€/ •---••.-s-^y applications for.admission to educational msfitutions are generally made by a parent, since on that date many a tirne the student mav be a minor. It is the parent or the guardian v/ho may play fraud cla'iming false status certificale. It is, therefore, necessary that the certiflcates issued are scrutinised at the earliest and with uiniost expedition and promptitude. For that purpose, it is necessaiy to streamline the procedure for the 'issua'nce of sociai stati.is certificates, their scrutiny and their approval, which may be thefolhv^ing: XXX V3X xsc XX XXX .?. Application for verification of the caste certiflcate by the Scriitiny Committee shall be filed at least six monfhs in advance before seeking admission 'into educational institution or an appointment to apost. XXX -ooc 4. The petitioner has not followed the guidelines issued by the Supreme Court in fhe afbresaid matter. Instead, at the fag end, the petitioner has made an application and expects that the High Power Caste Scmtiny Conmiittee would consider and decide his application for verification of his caste certiticate witliiii a period of one week, which may not be possible when it is cleat-ly directed in para 13(3) in Ku. Madhiiri Patil (supra) that the application for verification by the Comniittee shall be filed at least six months in advaiice before taking adiTussion in educational histitdtions or applymg for the appointment on the posts. 5. The petitioner ought to have made application for verification of his caste certificate six montlis befbre making an application for selection and appointnient to ttte post. The mipugned order is just, proper and needs no interference. 6.' Accordingly, the 'iwit petition is dismissed at fhe motion stage itself. Sd/- Satish K. Agnihom Judge Armt