1 CGHC010347572023 2026:CGHC:36127 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4520 of 2023 Homendra Raj Shah (Minor) Aged About 6 Years, Through Guadian Mother Smt. Pinki Shivraj Shah, W/o Shivraj Shah, Aged About 46 Years, R/o Village Nirrabeda, Tehsil Nagari District Dhamtari, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Schedule Tribe And Schedule Caste Development, Mahanadi Bhawan, Atal Nagar, (Naya Raipur), Revenue And Civil District Raipur Chhattisgarh. 2 - Collector Dhamtari, District Dhamtari Chhattisgarh. 3 - Sub Divisional Magistrate, Tehsil Nagri, District Dhamtari Chhattisgarh. ... Respondent(s) For Petitioner(s) : Shri Navoday Singh, Advocate on behalf of Shri Ramkrishna Kashyap, Advocate. For Respondent(s) : Shri Amit Nayak, PL. Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 13/08/2026 1. By filing the present petition, the petitioner has prayed for following reliefs :- “10. Reliefs Sought: i. To kindly issue appropriate writ for setting aside/ quashing the impugned order dated 27/07/2023 (Annexure P-1) and appropriate direction to consider the case of the petitioner 2 for issuance of social status certificate belonging to Scheduled Tribe "Gond" ii. To kindly make any other order that may be deemed fit and just in the facts and circumstances of the case including awarding of the costs to the petitioner.” 2. Relevant facts of this case are that petitioner is represented through his guardian mother Smt. Pinki Shivraj Shah, petitioner is born in village Nirrabeda, Tehsil Nagri, District -Dhamtari, Chhattisgarh and is being brought up in the state of Chhattisgarh and is member of Scheduled Tribe "Gond". The petitioner has applied for grant of Social Status Certificate under the provisions of the Chhattisgarh Scheduled Caste Scheduled Tribe and Other Backward Class (Regulation of Social Status Certification) Act 2013 before the Sub-Divisional Magistrate, Tehsil Nagri District Dhamtari Chhattisgarh; said application was supported by resolution of Gram Sabha and scheduled caste certificate granted to the siblings, however, said application was rejected vide order dated 13/06/2023 (ANNEXURE P-2) on the ground that the petitioner/applicant failed to produce declaration relating to residential status of father/ancestors prior to the year 1950. Being aggrieved by order dated 13/06/2023, petitioner filed revision before the Collector District Dhamtari, which also came to be rejected vide impugned order dated 27/07/2023. Hence, this petition. 3. Learned counsel appearing for the petitioner submits that impugned order dated 27/07/2023 (Annexure P-1) is arbitrary, 3 illegal and contrary to law. The petitioner was born in Village Nirrabeda, Tehsil Nagri, District Dhamtari, Chhattisgarh, and has been pursuing his studies in the State of Chhattisgarh. The petitioner belongs to the Scheduled Tribe community, namely, “Gond”. His parents also belong to the “Gond” Scheduled Tribe community. The siblings of the petitioner have already been granted social status certificate belonging to Scheduled Tribe "Gond" by the same authorities in the State of Chhattisgarh in the year 2013; copies of Social Status certificate of siblings of the petitioner namely Leisa Shah (sister of petitioner) and Prithiviraj Shah (brother of petitioner) is annexed as ANNEXURE P-3; similar social status certificates is held by the parents of the petitioner. If social status certificate has been issued to the parents and siblings, the same cannot be denied to the petitioner. The concerned authorities have acted apathetically in the case of the petitioner. In terms of Direction 4.3 of Notification No. F-13- 22/2012/A.P./1-3 dated 24.09.2013, where the father, siblings or children have already been issued caste certificates, the claim of the petitioner/applicant can be considered on the basis of an affidavit without insisting upon unnecessary documents. Learned Counsel contended that action of the respondents in demanding fresh ancestral documents and rejecting the applications is arbitrary and contrary to the law/record. 4. On the other hand, learned State counsel submits that the applications of petitioner are required to be considered by the 4 competent authority after verification of the documents as per the applicable rules. 5. I have heard learned counsel for the parties and perused the documents annexed with the writ petition. 6. From perusal of the records, it seems that respondent authorities have failed to consider the fact that siblings of the petitioner have already been granted social status certificate belonging to Scheduled Tribe "Gond" in the State of Chhattisgarh in the year 2013. Further, as per Direction 4.3 of Notification No. F-13- 22/2012/A.P./1-3 dated 24.09.2013, where the father, siblings or children have already been issued caste certificates, the claim of the petitioner/applicant can be considered on the basis of an affidavit without insisting upon unnecessary documents. These aspects are required to be taken into consideration while examining the claim of the beneficiaries for issuance of Permanent Social Status Certificates. 7. In view of the aforesaid facts and circumstances, without expressing any opinion on the merits of the claim of the petitioner, the writ petition is disposed of with a direction to the competent authority to reconsider the applications submitted by the petitioner for issuance of Social Status Certificate keeping in view that siblings of the petitioner have already been granted social status certificate belonging to Scheduled Tribe "Gond" in the State of Chhattisgarh in the year 2013 and also considering the directions 5 4.3 of Notification No. F-13-22/2012/A.P./1-3 dated 24.09.2013 and relevant provisions governing for issuance of caste certificates and, thereafter, to pass a reasoned and speaking order in accordance with law, within a period of 60 days from the date of receipt of a copy of this order. CC as per rules. Sd/- (Amitendra Kishore Prasad) Judge J.