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2026 DAILYLAW 28664 (CHH)

SMT. ASHA VASTRAKAR(After Marriage Asha Kanwar) v. STATE OF CHHATTISGARH

WPC/3758/2026 · 2026-07-21

Shri Amitendra Kishore Prasad

body2026

Judgment text

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1 CGHC010259192026 2026:CGHC:31150 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3758 of 2026 1 - Smt. Asha Vastrakar(After Marriage Asha Kanwar) W/o Shri Yogendra Kumar Kanwar Aged About 43 Years Presently Posted As Teacher (L.B.) At Middle School Mangla (Pasid), Block Bilha, Bilaspur R/o Mahima Nagar, Sirgitti Bilaspur, District Bilaspur (C.G.) ... Petitioner versus 1 - State of Chhattisgarh Through Its Secretary, General Administration Department Mahanadi Bhawan, Atal Nagar Nawa Raipur, (C.G.). 2 - State Of Chhattisgarh Through Its Secretary Department Of Tribal Welfare Mahanadi Bhawan, Atal Nagar Nawa Raipur, (C.G.). 3 - The Assistant Commissioner Cum Secretary , District Leval Caste Scrutiny Committee, Gaurella -Pendra Marwahi, District Gaurella -Pendra Marwahi (C.G.). 4 - The Collector, Gaurella -Pendra Marwahi, District Gaurella -Pendra Marwahi (C.G.). 5 - The Upper Collector Cum President , District Leval Caste Scrutiny Committee, Gaurella -Pendra Marwahi, District Gaurella -Pendra Marwahi (C.G.). 6 - The Sub Divisional Magistrate , Gaurella -Pendra Marwahi, District Gaurella -Pendra Marwahi (C.G.). 7 - Sub Divisional Officer, Pendra Road, District Gaurella-Pendra-Marwahi, (C.G.). ... Respondents (Cause title is taken from CIS Periphery.) Digitally signed by RAVVA UTTEJ KUMAR RAJU 2 For Petitioner : Mr. Dheeraj Kumar Wankhede, Advocate. For State : Mr. R.K. Gupta, Additional A.G. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 22/07/2026 1. The petitioner has filed the instant petition seeking following reliefs:- “10.1 Hon’ble Court may graciously be pleased to issue a writ, order, or direction in the nature of Mandamus or any other appropriate writ, quashing and setting aside the impugned notice dated 22.06.2026 (Annexure-P/1) issued by Respondent No. 3. 10.2 Hon’ble Court may graciously be pleased to issue a writ, order, or direction commanding the Respondent Authorities, particularly the District Level Caste Scrutiny Committee, Gaurella-Pendra- Marwahi, to drop all ongoing and subsequent verification proceedings against the Petitioner in relation to her caste status as 'Mahar' Scheduled Caste. 10.3 Hon’ble Court may graciously be pleased to restrain the Respondents from taking any coercive steps or adverse actions in respect of the service or employment of the Petitioner on the strength of the impugned notice or any vague complaints. 10.4 Hon’ble Court may graciously be pleased to grant any other relief or reliefs which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice. 10.5 Cost of the petition may also be granted to the petitioner.” 2. Learned counsel appearing for the petitioner submits that the petitioner is aggrieved by notice dated 22.06.2026 (Annexure P/1), whereby the Commissioner, District Level Caste Scrutiny Committee, Gaurella- Pendra Marwahi, District Gaurella-Pendra Marwahi (C.G.), has directed the petitioner to appear before the District Level Caste Scrutiny Committee for verification of her caste as belonging to Mahar Caste. 3 He further submits that the petitioner has not obtained any certificate on the basis of Mahar Caste and has been selected under the unreserved category. It is contended that the District Level Caste Scrutiny Committee cannot call upon the petitioner for verification when her caste certificate is not under doubt. He further submits that, pursuant to the Gazette Notification of the Government of India dated 12.08.2023, the State Government has issued a notification dated 04.09.2023, whereby at serial No. 33 of the list of Scheduled Castes, "Mahar, Mahara, Mahra, Mehar, Mehra" have already been included. As such, the dispute with respect to the caste of the petitioner already stands settled and there was no requirement to issue the impugned notice. 3. On the other hand, learned counsel for the State submits that, be that as it may, once the District Level Caste Scrutiny Committee has called upon the petitioner to appear along with her caste certificate for verification, she ought to have appeared before the Committee with the relevant documents and the contentions now raised in the present petition. Thereafter, the District Level Caste Scrutiny Committee would pass appropriate orders. It is submitted that if the petitioner belongs to Mahar Caste and if the Gazette Notification dated 12.08.2023 issued by the Central Government and the notification dated 04.09.2023 issued by the State Government are applicable to her, the District Level Caste Scrutiny Committee shall take the same into consideration and accordingly either dispose of the proceedings or proceed further in accordance with the procedure envisaged under the “Chhattisgarh Scheduled Castes, Scheduled Tribes and Other Backward Classes (Regulation of Social Status Certification) Rules, 2013”. It is further 4 submitted that the contention of the petitioner that the District Level Caste Scrutiny Committee is not empowered to call her for verification is misconceived and does not merit consideration. 4. Having heard learned counsel for the parties and having perused the record, the impugned notice, the Gazette Notification dated 12.08.2023, as well as the State Government notification dated 04.09.2023, it is undisputed that "Mahar" along with "Mahara", "Mahra", "Mehar" and "Mehra" have been included in the list of Scheduled Castes. Accordingly, the District Level Caste Scrutiny Committee shall consider the said notifications while examining the petitioner's case. Thereafter, if any anomaly is found in the certificate produced by the petitioner, the District Level Caste Scrutiny Committee shall be at liberty to pass appropriate orders in accordance with law. It is made clear that this Court has not expressed any opinion on the merits of the case and all issues are left open to be considered by the District Level Caste Scrutiny Committee in accordance with law. 5. With this observation and direction, the petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge U.K. Raju