1 2026:CGHC:24968 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3839 of 2022 1 - Sumeet Kumar Nayak S/o Hemant Hadu Kumar Nayak Aged About 31 Years Caste - Ghasia, R/o Siddharth Chowk - Tikrapara, Raipur, Tahsil And District Raipur Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of Tribal Welfare, Mahanadi Bhawan Nawa Raipur, Chhattisgarh. 2 - The Sub Divisional Officer (Revenue) Kurud, District - Raipur Chhattisgarh. ... Respondent(s) For Petitioner(s) : Mr. Love Kumar Ramteke, Advocate. For Respondent(s)/State : Mr. S. S. Choubey, Government Advocate. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 19/06/2026 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 RAGHVENDRA JAT Digitally signed by RAGHVENDRA JAT 2 call the entire records from the respondents. 10.2 That, this Hon'ble Court may kindly issue a writ in the nature of Mandamus directing the respondent authority to issue Caste Certificate to the Petitioner. 10.3 That, the Hon'ble Court may kindly be pleased to direct the Respondents that the scheme of issue of Social Status Certificate is covered under the Chhattisgarh Public Service Guarantee Act, 2011, where the Competent Authority has to submit the application before 30 days from the date of receipt of the application. Have to check. The respondents should be disposed of within the stipulated time. 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's caste certificate has not been issued by the competent authorities solely on the ground that he has failed to produce documentary evidence pertaining to the year 1950. It is submitted that the applicable statutory provisions specifically contemplate that, in cases where an applicant is unable to produce documents of the year 1950, he is entitled to furnish an inability certificate/memo explaining the non-availability of such 3 documents. In compliance with the said requirement, the petitioner has duly submitted an inability certificate/memo before the competent authority. Apart from the same, the petitioner has also produced the service records of his father, which substantiate the social status claimed by the petitioner, along with the genealogy of his family, for the satisfaction of the competent authority. Learned counsel further submits that if the competent authority is still not satisfied with the documents so produced, it is always open to the authority to conduct a detailed enquiry in accordance with law, particularly in the light of the principles laid down by the Hon'ble Supreme Court in the case of Madhuri Patil, and thereafter pass an appropriate and reasoned order on the petitioner's claim for issuance of the caste certificate. 3. On the other hand, learned counsel appearing for the State submits that the petitioner's application for issuance of a caste certificate was submitted as far back as the year 2019, and considerable time has elapsed since then. It is, therefore, submitted that the petitioner may be directed to submit a fresh application along with all relevant documents presently available with him, including any supporting records relied upon in support of his claim. Learned State counsel further submits that upon receipt of such fresh application, the competent authority shall consider the same in accordance with the applicable statutory provisions and, if found necessary, conduct an appropriate 4 enquiry in accordance with law before passing a reasoned order on the petitioner's claim for issuance of the caste certificate. 4. I have heard learned counsel for the parties and perused the material available on record. 5. Considering the facts and circumstances of the case, and without expressing any opinion on the merits of the petitioner's claim, this Court deems it appropriate to dispose of the present writ petition by granting liberty to the petitioner to submit a fresh and comprehensive application, along with all relevant documents in support of his claim, before the competent authority within a period of 15 days from the date of receipt of a certified copy of this order. Upon such application being filed, the concerned respondent authorities shall duly consider the same, examine all the documents placed on record, and, if considered necessary, conduct an enquiry strictly in accordance with the applicable statutory provisions and the principles laid down by the Hon'ble Supreme Court. Thereafter, the competent authority shall pass a reasoned and speaking order on the petitioner's claim, strictly in accordance with law, within a reasonable period. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat