1 2025:CGHC:58268 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 7445 of 2023 1 - Rohit Kumar S/o Late Shri Garamchand Ram Aged About 24 Years By Caste Scheduled Tribe (Pahadi Korwa), R/o Village Dhaleshwarpur Block Kusmi, District Balrampur Ramanujganj (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Tribal Welfare Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District : Raipur, Chhattisgarh. 2 - The Collector Balrampur Ramanujganj, District Balrampur Ramanujganj (C.G.). 3 - The Assistant Commissioner Tribal Welfare Development, Balrampur, District Balrampur Ramanujganj (C.G.). 4 - The District Education Officer Ramanujganj, District Balrampur Ramanujganj (C.G.). 5 - The Chief Executive Officer Jila Panchayat Balrampur, District Balrampur Ramanujganj (C.G.). 6 - The Chief Executive Officer Janpad Panchayat Kusmi, District Balrampur Ramanujganj (C.G.). 7 - The Sub Divisional Officer (Revenue) Sub Division Kusmi, District Balrampur Ramanujganj (C.G.). 8 - The Block Education Officer Block Kusmi, District Balrampur Ramanujganj (C.G.). ... Respondent(s) For Petitioner(s) : Ms. Kusum Lalchandani, Advocate on RAGHVENDRA JAT Digitally signed by RAGHVENDRA JAT 2 behalf of Mr. Akath Kumar Yadav, Advocate. For Respondent(s) : None. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 01/12/2025 1. By way of this petition, the petitioner has prayed for following reliefs:- “10.1 That, this Hon'ble Court may kindly be pleased to call for the entire records of the case for the kind perusal of this Hon'ble Court. 10.2 That, this Hon'ble Court may kindly be pleased to direct the respondent no.2 to 4 to give direct recruitment to the petitioner in Janpad Panchayat Kusmi as per letter dated 06.09.19 and circular dated 06.05.03 & 12.05.03. 10.3 That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to consider the application of petitioner dated 10.11.21, 21.07.22, 01.03.21 & 03.08.19 in the interest of justice. 10.4 Any other relief deemed fit in the facts and circumstances of the case may also be granted.” 2. Brief facts of the case, is that, the petitioner belongs to the Special Tribal Groups as envisaged under the Indian Constitution, specifically falling within the primitive tribal group known as Pahadi Korwa, which is included under Article 342 and recognized in the Third Schedule, Serial No. 27, of the Madhya Pradesh 3 Reorganization Act, 2000, this status has been duly confirmed by the State High Power Committee, which issued a social status certificate on 13.09.2015. Vide official letter dated 06.09.2019 (No.1248/Education-Establishment/Janpad Panchayat/2019), it has been clearly stated that the petitioner is entitled to be considered for employment on Class III or Class IV posts as per his educational qualifications, and respondent no.6 also wrote to respondent no.8 pursuant to a letter dated 08.08.2019 regarding recruitment of candidates belonging to the primitive tribal group Pahadi Korwa on the post of Assistant Teacher. The petitioner is duly registered with the Directorate of Employment and Training, Chhattisgarh, Regional Office Balrampur, under Employment Registration No. CT27120194209 dated 21.07.2022. He was issued a residential certificate on 30.07.2015 by the competent authority for the purpose of higher education. The petitioner passed his B.Ed. in 2017 in Second Division and submitted the said qualification along with other relevant documents before the competent authority for employment in Janpad Panchayat Kusmi. Vide letter dated 02.08.2011, respondent no.1 clarified, with reference to Census 2011, that members of the primitive tribal groups Abujmariya and Pahadi Korwa, who reside in hilly regions, have been recorded under tribal census codes 16 and 17. The petitioner moved a representation on 11.10.2021 before respondent no.5 seeking employment on the basis of his Special Tribal Group status, stating that he hails from Block Kusmi, lacks 4 property and financial stability, and learned through Doordarshan broadcasts that members of the Pahadi Korwa primitive tribal group are eligible for direct recruitment. He also submitted another representation on 21.07.2022 before respondent no.3, seeking employment on the same grounds. Earlier, he had made applications dated 01.03.2021 and 03.08.2019 before respondent no.5 for employment on the basis of his inclusion in the Pahadi Korwa primitive tribal group. By circulars dated 06.05.2003 and 12.05.2003, the General Administration Department directed competent authorities to undertake direct recruitment to fill backlog vacancies in Scheduled Caste and Scheduled Tribe categories and to ascertain the number of pending vacancies. Furthermore, in the case of Ku. Rajeshwari v. State of C.G. and Others, W.P.(S) No. 2538/2023, the Hon’ble High Court, vide order dated 16.06.2023, directed the respondent authorities to provide employment to the petitioner therein within four months. Hence, this petition. 3. Learned counsel for the petitioner submits that the petitioner, namely, Rohit Kumar, who belongs to the Primitive Tribal community of Pahari Korwa, seeks appointment under the special category reservation for either the post of Peon or Assistant Teacher in the Panchayat. According to the State Government’s circular dated 15th July 2003, members of the Primitive Tribal groups, including the Pahari Korwa, are entitled to special benefits in appointments based on their qualifications. In furtherance of 5 this, the Chief Executive Officer of Janpad Panchayat, Kusmi, Chhattisgarh, issued a letter dated 6/9/2019 recognizing the petitioner’s eligibility, however, despite this acknowledgment, no appointment has been made to date, prompting the petitioner to file the present petition seeking appropriate relief. 4. None for the respondents. 5. Learned counsel appearing on behalf of the petitioner further submits that the petitioner is in possession of a valid and permanent caste certificate. This certificate, which has been duly annexed to the petition, serves as conclusive evidence in support of the petitioner's claim. Furthermore, it has been expressly affirmed by the concerned Chief Executive Officer (CEO) in the relevant official records. The petitioner has also formally filed this certificate along with the present petition as Annexure-P/1, which was issued by the Sub Divisional Officer of Kusmi. This documentary evidence, therefore, conclusively establishes the petitioner's entitlement and status as claimed in the petition. 6. I have heard learned counsel for the petitioner and perused the material available on record. 7. Considering the facts and circumstances of the case, and in particular the petitioner’s possession of a valid permanent caste certificate identifying them as a member of the Primitive Tribal Community of Korwa, which is listed as a Scheduled Tribe at Serial No. 27, the concerned respondent State authorities are hereby directed to carefully consider the petitioner’s case. If the 6 petitioner is found to be eligible in all respects, the authorities shall issue the appointment order forthwith, in accordance with the letter dated 6.9.2019 issued by the Chief Executive Officer of the Janpad Panchayat, Kusmi, Chhattisgarh. 8. This exercise be done within a period of 45 days from the date of receipt of copy of this order. 9. Should any additional documents be required, it is the solemn responsibility of the respective respondent authorities to promptly inform the petitioner. This obligation arises particularly because the petitioner belongs to the Primitive Tribal Community of Korwa, a community that holds a special constitutional recognition and is regarded with the status akin to that of an adopted son of the Hon’ble President of India. Accordingly, the authorities must exercise due diligence and sensitivity in ensuring that all procedural requirements are communicated clearly and without delay to facilitate the petitioner’s rightful access to benefits and protections. 10. With this observation and direction, the writ petition is disposed of. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat