1 2025:CGHC:17530 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1892 of 2025 1 - Yogesh Kumar Kangali S/o Ganpat Rao Aged About 41 Years R/o Kududand, Bilaspur Tahsil And Distt.- Bilaspur (C.G.). 2 - Akashansh Kangali Aged About 12 Years, Minor Through Their Father Yogesh Kumar Kangali, R/o Kududand, Bilaspur Tahsil And Distt. - Bilaspur (C.G.). 3 - Apeksha Kangali Aged About 5 Years, Minor Through Their Father Yogesh Kumar Kangali, R/o Kududand, Bilaspur Tahsil And Distt. - Bilaspur (C.G.). ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Schedule Caste And Scheduled Tribes Development Department, Mantralaya, Atal Nagar, Raipur (C.G.). 2 - Sub-Divisional Officer (R) Bilaspur, Distt. Bilaspur (C.G.). 3 - The Tahsildar Bilaspur Distt.- Bilaspur (C.G.). ... Respondent(s) For Petitioner(s) : Mr. Bharat Lal Dembra, Advocate. For Respondent(s)/State : Ms. Anuja Sharma, Panel Lawyer. Digitally signed by RAGHVENDRA JAT 2 Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 16/04/2025 1. By way of this petition, the petitioners are seeking indulgence of this Court in a matter in which the respondent authorities have declined to issue Cast Certificate sought by the petitioners on the ground that the petitioners have failed to provide certificate in respect of education or property in which it is evident that the petitioners belonging to cast Gond which falls under Scheduled Tribe, which is mentioned in the list of State of Chhattisgarh, as per provisions of Article 342 of the Constitution of India. 2. The petitioners have prayed for following reliefs:- “10.1 That, the Hon'ble Court may kindly be pleased to issue appropriate direction to the respondent no.2, directing him to issue permanent caste certificate to the petitioners without insisting the documents prior to year 1950 within stipulated time as this Hon'ble Court deems fit. 10.2 That, this Hon'ble Court may further be pleased to grant any other relief which the Hon'ble Court deems fit and proper as per the nature of the case. An affidavit in support of this writ petition is filed herewith.” 3 3. Learned counsel for the petitioners submits that the petitioners are belonging to Gond Caste which falls under Scheduled Tribe, which is mentioned in the list of State of Chhattisgarh, as per provisions of Article 342 of the Constitution of India. The petitioner No. 1 being guardian of the petitioners No. 2 & 3 has applied on their behalf for issuance of permanent Caste Certificate of Gond caste which is a Scheduled Tribe because a temporary Caste Certificate has already been issued by respondent No. 3- the Tahsildar, Bilaspur. The petitioner No. 1 has also filed his primary school certificate issued way back in the year 1997 in which the Caste of the petitioner No. 1 has been mentioned as Gond. He has also filed a certificate of school pertaining to the year 2000 in which also the Caste of the petitioner has been mentioned in the Gond. However, inspite of all these documents the respondent authority is not considering the said certificates of the petitioner and the respondent authorities are insisting for any certificate prior to the year 1950. He further submits that time and again this Court has passed orders in which it has specifically stated that the land records prior to the year 1950 alone are not the requirement for issuance of Caste Certificate. 4 4. The Division Bench of this Court in the matter of Narendra Dehariya Vs. State of Chhattisgarh & Ors. passed in WPC No. 5070/2007 has held as under:- "Thereafter the Government has issued another order dated 27.06.2007 wherein definition of bonafide residents of Chhattisgarh has been defined and explained which includes (i) person belonging to the central cervices posted at Chhattisgarh, their spouses or children' (ii) all the employees of State of Chhattisgarh, their spouses or children; (iii) Persons appointed on Constitutional or Statutory posts by President of India, their spouses or children; (iv) Corporations, Agencies, Commissions Board's, Officials/Officers/employees, their spouses or children. This Government order is to benefit the petitioners-students with respect to bonafide residents of Chhattisgarh. We are of the considered opinion that once such persons have been recognized as residents of Chhattisgarh, then the same analogy shall apply for the purpose of the admission of children of the categories referred to hereinabove are concerned, if their caste is included in the Presidential Order." 5 5. Following the aforesaid principle, this Court has further decided a writ petition bearing Case WPS No. 6616/200 (Ramsajiwan Vs. State of Chhattisgarh & Ors.) in which while considering the guidelines issued by the Hon’ble Supreme Court in the matter of Kumari Madhuri Patil and another Vs. Additional Commissioner, Tribal Development and others reported in 1994 6 SCC 241 as well as the case of Narendra Dehariya (Supra) this Court has held that the requirement of land records prior to the year 1950 alone is not requirement and the authorities can grant Caste Certificate based on other relevant documents. 6. This Court has also considered the aforesaid aspect in WPC No. 2206/2014 while granting Caste Certificate the concerned authorities are required to follow the guidelines issued in case of Maduri Patil (Supra) as well as the Scheduled Castes, Scheduled Tribes and Other Backward Classes (Regulation of Social Status Certification) Act, 2013 in which specific provisions are made for verification of Caste of Scheduled Castes, Scheduled Tribes and Other Backward Classes. 7. In the light of aforesaid principles laid down by the Hon’ble Supreme Court as well as by this Court, the Sub Divisional Officer cannot decline to issue permanent Caste Certificate only on the ground that the petitioners are required to file documents 6 prior to 1950. There are other methods for verification of Caste Certificate and issuance of Caste Certificate. 8. As held in the case of Madhuri Patil (Supra) as well as the Scheduled Castes, Scheduled Tribes and Other Backward Classes (Regulation of Social Status Certification) Act, 2013, the Sub Divisional Officer may issue permanent Caste Certificate or direct the petitioners to get their Caste Certificate verified by the High Power Caste Scrutiny Committee. So far as the reasons to decline issuance of the Caste Certificate by the Sub Divisional Officer is concerned, the matter has already been set in rest by the order passed by the Hon’ble Division Bench in the case of Narendra Dehariya (Supra) as well as by the Hon’ble Single Bench as such the insistence of giving certificate prior to 1950 would not be relevant. The Sub Divisional Officer can pass orders while considering the other documents which in the present case is school certificate in which the Caste of the petitioner No. 1 has already been mentioned as Gond which falls under the category of Scheduled Tribe. 9. Accordingly, this petition is allowed and the concerned Sub Divisional Officer, Bilaspur is directed to consider the case of the petitioner a fresh and to pass appropriate orders while considering the documents filed by the petitioner and not insisting the petitioner to get documents prior to the year 1950. 7 10. With this observation and directions, this petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat