1 2026:CGHC:11407 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 994 of 2026 1 - K. Rama Yashwant S/o K. Narsingh, Aged About 49 Years O/o. Principal, Government Higher Secondary School Arrabor- Sukma, District Sukma C.G. ... Petitioner versus 1 - State Of Chhattisgarh Through Its Secretary, General Administration Department, Mahanadi Bhawan, Atal Nagar Raipur C.G. 2 - State Of Chhattisgarh Through Its Secretary, Department Of Tribal Welfare, Mahanadi Bhawan, Atal Nagar Raipur, District Raipur C.G. 3 - Director, Tribal Research And Training Institute, Sector-24, Atal Nagar, Nava Raipur, District Raipur C.G. 4 - Collector Bijapur, District Bijapur C.G. 5 - Tribal And Scheduled Caste Development Department, Through Collector- Bijapur, District Bijapur C.G. 6 - President/ Member/ Secretary District Level Certificate Verification Committee, District Bijapur C.G. 7 - Office Of The Research Officer, Tribal Research And Training Institute, Regional Unit, Jagdalpur, District Bastar C.G. 8 - The District Education Officer, Sukma, District Sukma C.G. 9 - Salvam Rajrao, Village- Phandiguda, Post- Injaram, Tehsil- Konta, District Sukma C.G. ... Respondents (Cause title taken from Case Information System) For Petitioner : Mr. Lav Kumar Ramteke, Advocate For State/Respondent Nos.1 to 8 : Mr. Anand Dadariya, Dy. Adv. General (Hon’ble Shri Justice Naresh Kumar Chandravanshi) RUKHSAR BANO Digitally signed by RUKHSAR BANO Date: 2026.03.12 10:44:47 +0530 2 Order on Board 10/03/2026 1. This petition has been preferred by petitioner under Article 226 of the Constitution of India seeking following reliefs:- “10.1 That, this Hon'ble Court may kindly be pleased to call the entire records from the respondents. 10.2 That, this Hon'ble Court may kindly issue an appropriate writ in the nature of certiorari and quash the impugned order Annexure P/1 dated 18/11/2025. 10.3 That, the Hon'ble Court may kindly be please to direct the respondents No. 1 to 8, should be stopped for further action. 10.4 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. Learned counsel for the petitioner submits that the petitioner was appointed as a Panchayat Teacher under the Scheduled Tribe category in the year 2002 and is presently working in the Education Department as Principal at Government Higher Secondary School Arrabor-Sukma, District Sukma (CG). He further submits that the caste of the petitioner is ‘Mannewar’. However, on account of a complaint made by respondent No.9, the District Level Caste Scrutiny Committee, Bijapur (henceforth referred to as “DLCS Committee”) conducted an inquiry into the matter and, vide impugned order dated 18.11.2025 (Annexure - P/1), held that the caste certificate issued in favour of the petitioner is doubtful/wrong. Thus, the DLCS Committee itself did not arrive at a clear cut finding as to whether the said caste certificate is valid or not. Despite the same, the DLCS committee cancelled the caste certificate of the petitioner issued by the Tahsildar, Bhopalpatnam in Revenue 3 Case No.317/B-121/92/ dated 17/08/92. He next submits that the DLCS Committee has no power to cancel the caste certificate/social status certificate. Rather, if it finds prima facie that the caste certificate/social status certificate has been obtained wrongfully or fraudulently, it has to refer the matter to the State Level High Power Certification Scrutiny Committee (hereinafter referred to as “HPCS Committee”) under Section 6 (3) of the Chhattisgarh Scheduled Castes, Scheduled Tribes and Other Backward Classes (Regulation of Social Status Certification) Act, 2013 (henceforth referred to as “the Act, 2013”), as the power to cancel the caste certificate/social status certificate is vested only with the HPCS Committee under Section 8 of the Act, 2013. Hence, learned counsel submits that, at this stage, the present writ petition may be disposed of by remitting the matter to the DLCS Committee with a direction to refer the same to the HPCS Committee under Section 6 (3) of the Act, 2013, and till then, interim protection may be granted to the petitioner. 3. In reply, learned counsel for the State/respondent Nos.1 to 8 fairly conceded the submissions advanced by learned counsel for the petitioner that the DLCS Committee has no power to cancel the caste certificate/social status certificate of any person; rather, such power is vested with the HPCS Committee under Section 8 of the Act, 2013. He also conceded that if the DLCS Committee prima facie finds that any person has obtained the caste certificate/social status certificate wrongfully or fraudulently, it shall refer the case to the HPCS Committee. Hence, he also contended that that the matter be remitted to the HPCS Committee with the direction as prayed for. 4. Heard learned counsel for the parties and perused the material 4 available on record. 5. Perusal of the impugned order dated 18.11.2025 (Annexure -P/1) shows that the DLCS Committee examined the issue related to the caste certificate of the petitioner in which it did not arrive at a clear cut finding as to whether the petitioner belongs to the “Mannewar” caste or not. As such, the DLCS Committee doubted the caste certificate of the petitioner and also formed an opinion that the aforesaid certificate appears to be wrong. Consequently, it cancelled the caste certificate issued by the Tahsildar in favour of the petitioner in the said revenue case. 6. The relevant provisions of the Act, 2013 dealing with the issue are provided in Sections 6, 7 and 8 as under :- “6. District Level Certificates verification Committee and its powers. (1) There shall be a District Level Certificates Verification Committee with such composition as may be prescribed for verification of Social Status Certificate issued by the Competent Authority under Section 4, as may be notified by the State Government having jurisdiction over one or more districts. (2) A district Level Certificates Verification Committee shall on its own motion or on receipt of any information or reference made to it, in regard to Social Status Certificate(s) issued by the competent Authority, verify such Certificate(s) in the manner as may be prescribed : Provided that the reference made to the District Level Certificates Verification Committee by an employer, an Educational Institution, a Local Authority, the Central Government or the State Government, as the case may be, for verification of Social Status Certificate(s), shall be in such form and in such manner as may be prescribed, and it shall be the duty of the District Certificates Verification Committee or report its findings to the employer, the Educational Institution, the Local Authority, the Central Government or the State Government, as the 5 case may be, within a period of one month from the date of receipt of the reference. (3) Where there is prima-facie reason to believe that the Social Status Certificate(s) have been wrongfully or fraudulently obtained, the District Level Certificates Verification Committee shall refer all information and relevant documents along with record of its findings to the High Power Certification Scrutiny Committee : Provided that where the District Level Certificates Verification Committee arrives at an adverse finding, it shall not refer the case to High Power Certification Scrutiny Committee unless a reasonable opportunity of being heard is given to the person, whose Social Status Certificate is disputed. (4) The District Level Certificates Verification Committee shall follow such procedure for verification of Social Status Certificates and adhere to such time limit for reference to the High Power Certification Scrutiny Committee under sub-section (3) of this Section, as may be prescribed. 7. High Power Certification Scrutiny Committee.- (1) The State Government shall constitute, by notification in the Official Gazette, one or more High Power Certification Scrutiny Committee or Committees, for conducting enquiry into Social Status Certificate(s) referred to it by District Level Certificates Verification Committee under Section 6 or by the State Government, and it shall be the duty of the High Power Certification Scrutiny Committee to examine the report of the District Level Certificates Verification Committee and to proceed in this matter as prescribed under Chapter IV of this Act. (2) The High Power Certification Scrutiny Committee shall follow such procedure as may be prescribed: Provided that where the High Power Certification Scrutiny Committee decides to arrive at an adverse finding, it shall not do so unless a reasonable opportunity of being heard is given to the person whose Social Status Certificate is disputed. 8. Cancellation and confiscation of false Social Status 6 Certificate.- (1) If after enquiry under Section 7 of this Act, High Power Certification Scrutiny Committee is of the opinion that, the social status certificate was obtained wrongfully or fraudulently, it shall, by an order in writing, cancel and confiscate the certificate by following such procedure as may be prescribed. (2) The order passed by the High Power Certification Scrutiny Committee under this Act, shall be final and conclusive subject to the proceedings under Article 226 of the Constitution of India only.” 7. Perusal of Section 6 of the Act, 2013 shows that if the DLCS Committee prima facie finds that the social status certificate(s) have been wrongfully or fraudulently obtained or if it reaches an adverse finding, then, after providing due opportunity of hearing to the concerned person, it shall refer all information and relevant documents along with the record of its findings to the HPCS Committee. The power is vested with the HPCS Committee that after examination, it may cancel and confiscate false caste certificate/social status certificate. However, in the present case, the DLCS Committee, vide impugned order (Annexure -P/1), itself cancelled the caste certificate of the petitioner, whereas no such power is vested in it. Thus, since the order cancelling the caste certificate of the petitioner passed by the DLCS Committee is contrary to the provisions of Section 6 (3) of the Act, 2013, the said finding is set aside. The matter is remitted back to the DLCS Committee, Bijapur, with a direction to refer the same to the HPCS Committee under Section 6(3) of the Act, 2013 along with all necessary documents as provided in aforesaid provision. Till then, no coercive steps shall be taken against the petitioner in respect of the impugned order dated 18.11.2025 (Annexure -P/1) passed by the the DLCS Committee, Bijapur. In the eventuality of taking steps by the 7 DLCS Committee as directed above, the HPCS Committee shall take an appropriate decision strictly in accordance with law. 8. With the aforesaid observations and directions, the present writ petition stands disposed of. 9. Pending interlocutory application(s), if any, also stands disposed of. No order as to cost(s). Sd/- (Naresh Kumar Chandravanshi) Judge Rukhsar