Extracted from the PDF above. The PDF is authoritative.
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2026:CGHC:4100
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 317 of 2026 Smt. Sunita Lall W/o Shri Sunit Lall Aged About 58 Years R/o Gurukul Pendra Road, District Bilaspur (C.G.), Presently Posted As Head Master, Middle School Gurukul, Block Gourella, District Gourella-Pendra-Marwahi, Chhattisgarh
... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Government Of Chhattisgarh, General Administration Department, Mahanadi Bhawan, Atal Nagar, Nava Raipur, Chhattisgarh, 492002 2 - Chhattisgarh State Scheduled Tribes Commission Through Its Secretary, Near Bhagat Singh Chowk, Shankar Nagar Road, District Raipur, Raipur, Chhattisgarh- 492001
... Respondents For Petitioner : Mr. Dhiraj Kumar Wankhede, Advocate For Respondent No.1/State : Mr. Shobhit Mishra, Dy. Govt. Advocate For Respondent No.2 : Mr. Ravi Kumar Bhagat, Advocate (Hon’ble Shri Justice Naresh Kumar Chandravanshi)
Order on Board 23.01.2026
1. With the consent of learned counsel for the parties, the matter is heard finally.
2. Challenge in this petition is the Notices dated 21.11.2025 and 22.12.2025 (Annexure-P/1) issued to the petitioner by the Secretary, Chhattisgarh State Scheduled Tribe Commission, Raipur.
3.
Learned counsel for the petitioner submits that the issue of caste BINI PRADEEP Digitally signed by BINI PRADEEP Date: 2026.01.27 10:55:03 +0530
2 certificate of the petitioner has already been decided by High Powered Caste Scrutiny Committee vide Order dated 31.8.2019, which has been challenged by the petitioner by filing WPC No.3825/2019, in which stay order has already been granted by this Court in favour of the petitioner on 23.10.2019. Learned counsel next submits that aforesaid writ petition is still pending before this Court, therefore, respondent No.2 has no authority to issue such notices. He would further submits that such issue can be decided either by District Level Caste Scrutiny Committee or High Level Caste Verification Committee constituted under the Chhattisgarh Scheduled Castes, Scheduled Tribes and Other Backward Classes (Regulation of Social Status Certification) Act, 2013 (for short ‘Act of 2013’), therefore, learned counsel submits that the notices may be quashed.
4. On the other hand, learned counsel for respondent No.2 would submit that since complaint has been received against the petitioner, therefore, aforesaid notices have been issued.
5. Perusal of the record shows that the issue pertains to the Caste Certificate of the petitioner, which has already been decided by the High Powered Caste Scrutiny Committee vide Order dated 31.8.2019, which has been challenged by the petitioner by filing WPC No.3825/2019, therefore, simultaneous proceeding cannot be initiated against the petitioner by respondent No.2. Further similar issue has already been dealt by Hon’ble the Apex Court in the case of Kumari Madhuri Patil & Anr. vs. Additional Commissioner, Tribal Development & Ors., (1994) 6 SCC 241.
6. Thus, since the issue of the petitioner has already been considered by the High Powered Caste Scrutiny Committee, which has been challenged in writ petition and the same is pending before this Court, therefore, notices issued by respondent No.2 are found to be invalid as two simultaneous
3 proceedings cannot be initiated by the statutory/constitutional body. Hence, notices dated 21.11.2025 & 22.12.2025 (Annexure-P/1) issued by respondent No.2 are quashed.
7. In view of the above, the writ petition stands allowed. Pending interlocutory application(s), if any, stands disposed of. Sd/- (Naresh Kumar Chandravanshi) Judge
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