Extracted from the PDF above. The PDF is authoritative.
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CGHC010321402026
2026:CGHC:37041
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6215 of 2026 Mangal Sai Singh Bharia Son Of Shri Ram Sai Bharia, Aged About 61 Years Caste Bharia, Resident Of Village Kendaikhar, Post Office Jamnipali, Tahsil Darri, District- Korba (C.G.)
... Petitioner versus 1 - State Of Chhattisgarh Through Its Secretary Department Of School Education Atal Nagar, Mahanadi Bhawan, New Mantralay Raipur, District- Raipur Chhattisgarh. 2 - State Of Chhattisgarh Secretary Department Of Scheduled Tribes And Scheduled Caste, Atal Nagar, Mahanadi Bhawan, New Mantralay Raipur, District- Raipur Chhattisgarh. 3 - Member And Deputy Directror, State High Level Caste Scrutiny Committee Raipur District- Raipur Chhattisgarh 4 - Collector Tribal Welfare And Development, Korba, District- Korba Chhattisgarh 5 - District Education Officer, Korba, District- Korba Chhattisgarh SOURABH BHILWAR Digitally signed by SOURABH BHILWAR Date: 2026.08.19 18:14:33 +0530
2 6 - Assistant Commissioner, Tribal Welfare And Development, Bilaspur, District- Bilaspur Chhattisgarh 7 - Sub Divisional Officer Katghora, District- Korba Chhattisgarh 8 - Block Education Officer, Podi-Uproda, District- Korba Chhattisgarh
... Respondent(s) (Cause title is taken from Case Information System) For Petitioner : Mr. S.R.J. Jaiswal, Advocate For Respondents/ State : Mr. Vivek Verma, Govt. Advocate Hon’ble Shri Bibhu Datta Guru, Judge
Order on Board 19/08/2026
1. By the present writ petition, the petitioner seeks a direction to the respondent authorities to consider and decide his pending representation dated 10.08.2026 (Annexure P/1), seeking reinstatement in service along with all consequential service benefits, which has been submitted before the respondent authority/Collector, District Korba.
2.
Learned counsel for the petitioner submits that the petitioner, who was appointed as Assistant Teacher vide order dated 09.09.1988, was terminated from service vide order dated 07.04.1999 on the allegation that his caste “Bharia (Koshta)” falls under the OBC category. The said termination order was challenged before this Court in WPS No. 3466/2010 and was quashed vide order dated 20.04.2010, with a direction to the State Level Caste Scrutiny Committee to conduct an enquiry. Pursuant thereto, the
3 Committee, vide order dated 08.10.2015, verified the petitioner's caste as “Bharia” and held that it falls under the Scheduled Tribes category. Despite the said finding and the petitioner's subsequent representations seeking reinstatement with consequential benefits, no action has been taken by the respondents. Hence, the petitioner seeks a direction to the respondents to consider his representation and reinstate him in service with all consequential benefits.
3. Learned State counsel, on instructions, submits that, if the representation dated 10.08.2026 (Annexure P/1) submitted by the petitioner before the Collector, Korba, is still pending
consideration, the same shall be considered and decided, in accordance with law, within the stipulated period.
4. I have heard learned counsel for the parties and perused the material available on record.
5. From perusal of the material available on record, it appears that the petitioner was terminated from service vide order dated 07.04.1999 on the ground that his caste “Bharia (Koshta)” falls under the OBC category. The said order was subsequently quashed by this Court vide order dated 20.04.2010 passed in WPS No. 3466/2010, with a direction to the State Level Caste Scrutiny Committee to conduct an enquiry into the caste status of the petitioner. Pursuant thereto, the State Level Caste Scrutiny Committee, vide order dated 08.10.2015, held that the petitioner
4 belongs to the “Bharia” Tribe falling under the Scheduled Tribes category.
6. In view of the aforesaid facts and considering the limited prayer made by the petitioner, as well as the submission made by learned State counsel, the present writ petition is disposed of with a direction to the respondent/Collector, Korba, to consider and decide the petitioner's pending representation dated 10.08.2026 (Annexure P/1), seeking reinstatement in service along with all consequential service benefits, in accordance with law and by taking into consideration the order dated 20.04.2010 passed by this Court in WPS No. 3466/2010 and the order dated 08.10.2015 passed by the State Level Caste Scrutiny Committee. The aforesaid exercise shall be completed preferably within a period of 30 days from the date of receipt of a copy of this order.
7. With the aforesaid direction, the writ petition stands disposed of. Sd/-
(Bibhu Datta Guru)
JUDGE $. Bhilwar