1 2025:CGHC:21203 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2363 of 2025 1 - Shriram Bhariya S/o Late Thakur Ram Bhariya Aged About 58 Years Caste Bhariya (Schedule Tribes), Resident Of Village Barpali, Post Office Tanakhar, Tahsil Podi-Uproda, District Korba (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary- Scheduled Caste And Scheduled Tribes Development, Mahanadi Bhawan, New Mantralaya, Atal Nagar, Naya Raipur, District Raipur, Chhattisgarh 2 - The Collector Korba, District Korba Chhattisgarh 3 - The Sub Divisional Officer (Rev) Katghora District Korba Chhattisgarh 4 - Tahsildar Tahsil Katghora, District Korba Chhattisgarh ... Respondent(s) For Petitioner : Mr. S. R. J. Jaiswal, Advocate For State : Mr. Khulesh Sahu, Panel Lawyer SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order on Board 08/05/2025 1. The petitioner has filed this writ petition seeking following reliefs :- “10.i) That, this Hon'ble Court may kindly be pleased to issue strictly direction to the respondent no. 3 to issue and provide permanent caste certificate of minor children the Umesh Kumar and Nitesh Kumar at the earliest in pursuant to order dated 18.06.2024 passed by this Hon'ble court, at looking to their future and next academic session, in the interest of justice. 10.ii) Any other relief which may be suitable in the facts and circumstances of the case, may also be granted.” Digitally signed by SHAYNA KADRI 2 2. Facts of the case, in a nutshell, are that the petitioner belongs to the Bhariya caste, which is recognized as a Scheduled Tribe and is listed at Serial No. 5 of the official notification. An enquiry into the social status of the petitioner was conducted by the Investigating Assistant of the Adim Jati Anusandhan Avam Prashikshan Sansthan, Raipur, who submitted a report to the High-Level Caste Scrutiny Committee, Raipur. Based on this report, the Committee, vide order dated 08.10.2015, confirmed that the petitioner is entitled to avail the benefits extended to Scheduled Tribes. Subsequently, on 23.12.2020, the petitioner applied to respondent No. 4 for issuance of temporary caste certificates in favour of his grandsons, Umesh Kumar and Nitesh Kumar, both sons of Devnarayan. However, the application was rejected on 27.01.2021. Aggrieved by this rejection, the petitioner filed W.P.C. No. 1465/2022 before this Court. By its order dated 18.06.2024, the Court granted liberty to the petitioner to submit a fresh application in Form-1A, as per the provisions of the Chhattisgarh Scheduled Castes, Scheduled Tribes and Other Backward Classes (Regulation of Social Status Certification) Rules, 2013, along with supporting documents. The Court also directed the concerned Sub-Divisional Officer to consider and decide the application in accordance with law and as expeditiously as possible. In compliance with the said order, the petitioner submitted the requisite application and supporting documents to respondent No. 3, seeking issuance of permanent caste certificates for his grandsons. However, despite the clear directions of the Hon’ble Court, the authorities have failed to act upon the application of the petitioner and have not issued the certificates to date. As a result, the academic pursuits of Umesh Kumar and Nitesh Kumar are being adversely affected, particularly with regard to their eligibility for reservation and 3 benefits meant for Scheduled Tribes in the upcoming academic session. 3. Learned counsel for the petitioner submits that the petitioner belongs to the Bhariya caste, which is a recognized Scheduled Tribe listed at Serial No. 5 of the relevant notification. The social status of the petitioner was duly verified by the competent authority, and based on the investigation report of the Investigating Assistant, the High-Level Caste Scrutiny Committee, Raipur, passed a conclusive order dated 08.10.2015 affirming the entitlement of the petitioner to Scheduled Tribe benefits. It is further submitted that the concerned Tahsildar has already issued temporary caste certificates to the petitioner and his family members, thereby establishing their status beyond dispute. However, despite this, when the petitioner applied for permanent caste certificates for his grandsons, Umesh Kumar and Nitesh Kumar, the same was not granted. Earlier, the petitioner approached this Court by way of W.P.C. No. 1465/2022, in which, vide order dated 18.06.2024, this Hon’ble Court granted liberty to the petitioner to file a fresh application in Form-1A with supporting documents under the 2013 Rules. The petitioner complied with the said order and submitted all necessary documents to respondent No. 3, yet no action has been taken to issue the certificates. Due to this non-compliance, the minor grandsons of the petitioner are being deprived of their lawful entitlement, which is affecting their academic progress and future opportunities. It is submitted that the permanent caste certificate is essential for their further education and admissions, and the inaction of the respondent authorities is arbitrary, unjust, and in violation of the directions of this Hon’ble Court. However, at this stage, learned counsel for the petitioner submits that petitioner is praying for limited 4 relief seeking a direction to the respondent No. 3 to take decision on the pending representation submitted by petitioner on 10.07.2024 within some stipulated period in accordance with law. 4. Learned State counsel submits that in view of the limited prayer made by learned counsel for petitioners seeking a direction to the concerned respondents to decide the representation, he is having no objection. 5. I have heard learned counsel for the respective parties and also perused the documents annexed along with the petition. 6. In view of the above submissions and considering the fact that the matter pertains to the issuance of caste certificates which impacts the educational prospects of minor students, the writ petition is disposed of with a direction to respondent No. 3 to consider and decide the representation submitted by petitioner dated 10.07.2024 in accordance with law and in light of the order dated 08.10.2015 passed by the High- Level Caste Scrutiny Committee regarding the caste status of Radheshyam Bhariya, the brother of the petitioner. The entire exercise shall be completed within 60 (sixty) days from the date of receipt of a certified copy of this order. 7. It is made clear that this Court has not expressed any opinion on the merits of the case. 8. With this observation and direction, this petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Shayna JUDGE