1 2026:CGHC:10830 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 890 of 2026 Manjhiram Sahare S/o Late Shri B.R. Sahare Aged About 65 Years R/o In Front Of Maharshi School Near Shriram Residency, Ward No. 14, Mangla, Bilaspur, District Bilaspur C.G. ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Public Relation Department, Mantralaya, Atal Nagar, Nawa Raipur, District Raipur C.G. 2 - The Under Secretary, Government Of Chhattisgarh, Public Relation Department, Mantralaya, Atal Nagar, Nawa Raipur, District Raipur C.G. 3 - High Level Certification Scrutiny Committee, Directorate Of Scheduled Caste Investigation And Training Institute, Sector - 24, Nawa Raipur, Atal Nagar, District Raipur C.G., Through Its Member Secretary. 4 - The Deputy Superintendent Of Police (Vigilance Cell), High Level Certification Scrutiny Committee, Chhattisgarh, Raipur C.G. ... Respondents For Petitioner : Mr. Goutam Khetrapal, Advocate For Respondents/State : Mr.Sabyasachi Choubey, Govt. Advocate (Hon’ble Shri Justice Naresh Kumar Chandravanshi) Order on Board 02.3.2026 1. This writ petition has been preferred under Article 226 of the Constitution of India for quashment of order dated 27.11.2025 (Annexure P/14) passed by respondent No.3/High Level Certification Scrutiny Committee ("herein after referred as Committee"), whereby the Committee BINI PRADEEP Digitally signed by BINI PRADEEP Date: 2026.03.03 17:24:31 +0530 2 has cancelled the caste certificate of the petitioner belonging to "Mahar" scheduled caste. The petitioner has also prayed for quashment of all the consequential action pursuant to impugned order dated 27.11.2025 and further observation to initiate the proceedings under Rule 23(3) and 24(1) of the Chhattisgarh Schedule Castes, Schedule Tribes, and Other Backward Classes (Regulation of Social Status Certification) Rules 2013 (for short, ‘Rules 2013’) against the petitioner. 2. Learned counsel for the petitioner submits that caste Mahar/Mahra of the petitioner is duly notified under the category of Scheduled Caste in the State of Chhattisgarh. Respondent No.3/Committee in its impugned order dated 27.11.2025 has pointed out the fact that the petitioner belongs to 'Mahra' caste and used 'Mehra' as a surname instead of 'Mahra'. There is no difference in the surnames Mahar/Mahara/Mahra/Mehra as they falls under the Mahar Schedule Caste category. The difference occurred due to difference in local dialects and pronunciation, writing and phonetic values, due to this confusion, many people of Schedule Castes have face the similar problems/issues, hence, the General Administration Department of Government of Chhattisgarh has taken this issue under cognizance and issued a notification/circular Annexure P-5 dated 30.12.2017. In clause 3(b) of said circular/notification at Serial No.5, it is written in English roman script 'Mahar' Schedule Caste has been approved to be written as ‘Mahar/Mahara/Mahra/Mehra’. Learned Counsel further contended that respondent-State after doing a detailed social studies vide its circular dated 06.01.2022 have recommended to include the Mahar/Mahara/Mahra/Mehra as the Schedule Caste of the Chhattisgarh State which is mentioned at Serial No.33 and same has been duly notified by the Government of India vide notification in official gazette dated 12.08.2023 and thereby amended the 3 Constitution (Schedule Caste) order 1950 for the state of Chhattisgarh passed the Constitution (Schedule Caste) order (Amendment) Act, 2023 and included the caste Mahar/Mahara/Mahra/Mehra at Sr. No.33 of the notified list of Schedule Caste community for the state of Chhattisgarh. Learned Counsel further contended that respondent No.3/Committee has duly verified the caste certificate of the family member of the petitioner. The other family members of the petitioner including his son and the siblings have been granted the social status certificate belonging to "Mahra" caste which has been duly verified and certified by the same Committee. Consequent to the above notification, caste of the petitioner whether it is called Mahar/Mahara/Mahra/Mehra is now included at Serial No.33 of the notified list of Schedule Caste community for the state of Chhattisgarh. Hence, it is prayed that impugned order dated 27.11.2025 be set aside and this Court may declare that by virtue of the notification in official gazette dated 12.08.2023, petitioner is entitled to be declared to belong to the member of Schedule Caste community "Mahra" for all purpose and entitled to get all consequential benefits including his service/employment benefits under the State. In support of his contention, learned counsel places reliance upon the decision of High Court of the Karnataka (Dharwad Bench) in case of Parushuram versus The Deputy Commissioner & Chairman, District Caste Verification Committee, Dharwad & Ors, (2020) SCC Online Kar 3421. 3. Per contra, learned State Counsel opposes to grant the relief sought by the petitioner in this writ petition. 4. Heard learned counsel for the parties and perused the material available on record. 4 5. Relevant portion of decision of High Court of the Karnataka in case of Parushuram (supra) reads as under: “24. In the light of the aforesaid discussion, my findings and conclusions on the aforesaid points that arise for consideration can be summarized as hereunder: i) A clarificatory, elucidatory, declaratory or explanatory statutory amendment operates retrospectively and is retrospective in nature and any such amendment relates back to the date of the original enactment; ii) A Presidential Order and Notification issued under Articles 341(1) and 342(1) of the Constitution of India can be varied, amended, altered or modified only by a Law by the Parliament exercising powers under Articles 341(2) and 342(2) of Constitution of India; iii) A clarificatory, elucidatory, declaratory or explanatory amendment by the law of the Parliament exercising powers under Articles 341 (2) or 342(2) of the Constitution of India varying the original Presidential order and Notification of the year 1950 issued under Articles 341(2) and 342(2) of the Constitution of India is retrospective in nature and any such amendment relates back to the date of the original presidential order and Notification of the year 1950; iv) The Constitution (Scheduled Tribes) Order (Amendment) Act 2012, (Annexure L) to the Constitution (Scheduled Tribes) Presidential order, 1950 whereby in Entry No.37 of Part VI relating to State of Karnataka, the word 'Medara' is inserted after the words Meda in the very same Entry No.37 is retrospective in nature and the said amendment relates back to the date of the original Presidential Order and Notification of the year 1950. xxxx xxxx xxxx 26. It is brought to my notice that despite the decision of the Full Bench of this Court in Jayanna's case, (supra), the 5 State Government is not implementing or giving effect to Amendment Acts by the Parliament exercising powers under Articles 341(2) and 342(2) of the Constitution of India in respect of other scheduled castes and tribes despite the said amendments being merely clarificatory, elucidatory, declaratory or explanatory amendments which are retrospective in nature and operate retrospectively and relate back to the date of the original Presidential Notification of the year 1950. Under these circumstances, I deem it fit and proper to issue suitable directions to the State Government in this regard.” 27. xxxx xxxx xxxx i. xxxx xxxx xxxx ii. xxxx xxxx xxxx iii It is declared that by virtue of The Constitution (Scheduled Tribe) Order (Amendment) Act, 2012 at Annexure-L, the ‘Medara’ community inserted in Entry No.37 of Part VI of the Constitution (Scheduled Tribes) Presidential Order, 1950 dated 06.-09-1950 is deemed to be a Scheduled Tribe retrospectively with effect from the said date of the said Presidential Order, 1950; iv. xxxx xxxx xxxx v. xxxx xxxx xxxx vi. xxxx xxxx xxxx 6. Considering facts of the case, nature of relief, submissions of counsel for the parties, change of circumstances, particularly the fact that respondent- State vide its circular dated 06.01.2022 have recommended to include the Mahar/Mahara/Mahra/Mehra as Schedule Caste of the Chhattisgarh State, which was duly notified by the Government of India vide notification in official gazette dated 12.08.2023 and same has been adopted by the State of Chhattisgarh on 04.09.2023, further considering the decision of High Court of the Karnataka in case of Parushuram (supra), this Court is inclined to allow the instant writ petition. 6 7. Accordingly, instant writ petition is allowed. Impugned order dated 27.11.2025 (Annexure P-14) is hereby set-aside. Matter is remanded back to the concerned Authority/respondent No.3 to decide the case of the petitioner afresh on its own merits in accordance with law and as per above observation/discussion, within ‘45 days’ from the date of receipt of copy of this order. 8. Pending interlocutory application(s), if any, stands disposed of. Sd/- (Naresh Kumar Chandravanshi) Judge Bini