1 2025:CGHC:14746 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2313 of 2020 1 - Rupesh Kumar Jharia S/o Late Garib Das Aged About 45 Years Caste - Mehara, Resident Of Ward No. 6, Lig 24, Housing Board Colony, Dindyal Nagar, Chikhli Rajnandgaon, Tahsil District Rajnandgaon, Chhattisgarh., District : Rajnandgaon, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of Tribal Welfare, Mahanadi Bhawan, Nawa Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 2 - The Sub Divisional Officer (Revenue) Shri Mukesh Rawte, Rajnandgaon, District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 3 - The Nayab Tahsildar Shri Komal Singh Dhurve, Rajnandgaon, District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 4 - State Of Chhattisgarh Through The Secretary, Health And Family Welfare, Department, Mahanadi Bhawan, Nawa Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 5 - Directorate Of Medical Education Raipur Through Its Director, Old Nurses Hostel, D.K.S. Bhawan Parisar Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh ---- Respondents For Petitioner : Mr. Love Kumar Ramteke, Advocate For State : Mr. Pramod Shrivastava, Dy.G.A. Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 27.03.2025 Heard. 1. The petitioner has filed this petition seeking the following relief(s) : “10.1 That, this Hon'ble Court may kindly be pleased to call the entire records from the respondents. 10.2 That, the Hon'ble Court may kindly be pleased issued order to REKHA SINGH Digitally signed by REKHA SINGH -2- quashing the Annexure-P/1 dated 09/07/2020. 10.3 That, this Hon'ble court may kindly issue an appropriate writ directing respondent authority to consider the petitioner's case and instruct the respondent officer 4 & 5 to allow the petitioner to enter MBBS. 10.4 That, this Hon'ble court may kindly issue a writ in the nature of mandamus, which directs the respondent no. 2 to issue a permanent caste certificate of Schedule Caste to the petitioner on prescribed period granted under C.G. Lok Sewa Guarantee Act, 2011. 10.5 That, this Hon'ble Court may kindly be pleased punish the respondent No. 3 for negligence and declare the respondent No. 3 responsible for the loss to the petitioner. 10.6 That, this Hon'ble Court may kindly be pleased to grant any other relief or pass such other and further orders as may be deemed fit and proper in the facts and circumstances of the present case in the interest of justice.” 2. Mr. Shrivastava, the learned Deputy Government Advocate appearing for the State would submit that the order passed by the Sub-Divisional Officer (Revenue), District Rajnandgaon (C.G.) is appealable according to the provisions of Section 5 of the Chhattisgarh Scheduled Caste, Scheduled Tribe and Other Backward Classes (Regulation of Social Status Certification) Act, 2013 and thus, the present petition is not maintainable. 3. At this stage, Mr. Ramteke, learned counsel appearing for the petitioner would seek permission of this Court to withdraw this petition with liberty to prefer an appeal before the appropriate authority. 4. No objection from other side. 5. Permission is granted. 6. With the liberty as prayed for, the present petiton is dismissed as withdrawn. 7. Certified copy of the impugned order be returned after retaining its xerox copy. 8. If the petitioner prefers an appeal before the Appellate Authority, it is expected that the Appellate Authority shall decide the appeal expeditiously taking into consideration the fact that the matter remained pending for a considerable period before this Court. Sd/- (Rakesh Mohan Pandey) Judge Rekha