1 2025:CGHC:10740 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1592 of 2025 1 - Anand Kumar Namdev S/o Shri H.L. Namdev Aged About 59 Years R/o R.E.S. Colony, Kondagaon, District Kondagaon, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Cooperative Societies, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District Raipur, Chhattisgarh. 2 - The Commissioner (Registrar) Co-Operative Societies Chhattisgarh. Indrawati Bhawan, Nava Raipur, Atal Nagar, District Raipur, Chhattisgarh. 3 - Joint Commissioner Co-Operative (Joint Registrar) Co-Operative Societies Bastar- Division, Jagdalpur, District Bastar, Chhattisgarh. 4 - Assistant Commissioner Cooperative And Assistant Registrar Co-Operative Societies Kondagaon, District Kondagaon, Chhattisgarh. ... Respondent(s) (Cause-title taken from Case Information System) For Petitioner : Mr. Aseem Bhagwat Gopal, Advocate For State /Respondent(s) : Mr. Rishabh Bisen, Panel Lawyer Hon'ble Shri Justice Amitendra Kishore Prasad Order on Board 05/03/2025 1. Challenge in this writ petition is to the notice dated 25.02.2025 2 (Annexure-P/1) issued by the Office of Assistant Commissioner, Co-operative and Assistant Registrar, Co-operative Societies, Kondagaon, Distt. - Kondagaon (C.G.) whereby enquiry has been initiated against petitioner alleging that petitioner has used fake Social Status Certificate of Bhatra caste (Schedule Tribe) for appointment in the Government Job. 2. Learned counsel for petitioner submits that petitioner belongs to Bhatra (Schedule Tribe) caste enlisted at serial No. 6 in the list of Schedule Tribe, State of Chhattisgarh. On basis of said Social Status Certificate, petitioner was appointed as Sub-Auditor at Jagdalpur on 29.08.1985 and presently he is working as Senior Audit Officer. It is contention of learned counsel for petitioner that earlier also, notice was issued which was duly replied and thereafter, proceedings were closed. In the earlier proceedings as well, he was granted interim protection in W.P.S. No. 3901 of 2018 and subsequently when Sub-Divisional Officer submitted a report, enquiry initiated against the petitioner was closed. Now against, notice has been issued for verification of Social Status Certificate. 3. When query is put to learned counsel for petitioner that whether petitioner has got any verified Social Status Certificate from High Level Caste Scrutiny Committee, it is submitted by learned counsel for petitioner that petitioner is ready and willing to get his Social Status verified by High Level Caste Scrutiny Committee and for that respondent authorities may be directed to refer the matter of petitioner to High Level Caste Scrutiny Committee in 3 order to verify his Social Status. It is further contention of learned counsel for petitioner that Social Status of his son has already been verified by High Level Caste Scrutiny Committee and as such, there is no requirement at all to verify Social Status of petitioner. In support of his contention, he placed reliance upon decision of Hon’ble Supreme Court in the matter of J. Chitra vs. District Collector and Chairman, State Level Vigilance Committee, Tamil Nadu and Others reported in (2021) 9 SCC 811 in which, it has been rendered that purpose of verification of caste certificates by Scrutiny Committee is to avoid false and bogus claims. Repeated inquiries for verification of caste certificates would be detrimental to the members of Scheduled Castes and Scheduled Tribes. Reopening of inquiry into caste certificates can be only in case they are vitiated by fraud or when they were issued without proper inquiry. 4. Learned State counsel opposes the submission made by learned counsel for petitioner and would submit that the matter of petitioner be referred to High Level Caste Scrutiny Committee in order to verify Social Status of the petitioner. 5. Since, in the present matter, Social Status of petitioner has not been verified by High Level Caste Scrutiny Committee, therefore, respondent No. 4 is directed to refer the matter of the petitioner to High Level Caste Scrutiny Committee in order to verify his caste as Bhatra (ST) caste. Till verification of Social Status Certificate of petitioner, respondents are directed not to take any coercive steps 4 against petitioner and not to harass petitioner on the basis of his Social Status Certificate. 6. With this observation and direction, this petition is disposed of. 7. No orders as to cost. Sd/- (Amitendra Kishore Prasad) Judge Shayna Digitally signed by SHAYNA KADRI