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2026 DAILYLAW 33195 (CHH)

RAHUL SHINDE v. STATE OF CHHATTISGARH

WPC/4116/2026 · 2026-08-06

Shri Amitendra Kishore Prasad

body2026

Judgment text

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1 CGHC010300132026 2026:CGHC:34701 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4116 of 2026 1 - Rahul Shinde S/o Vinay Kumar Shinde Aged About 21 Years Caste - Mahar, R/o Choubey Colony, Sarkanda, District - Bilaspur 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) Rajnandgaon, District Rajnandgaon Chhattisgarh 3 - The Collector, Rajnandgaon District Rajnandgaon Chhattisgarh ... Respondent(s) For Petitioner(s) : Shri Love Kumar Ramteke, Advocate. For Respondent(s) : Shri Amit Nayak, PL. Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 07/08/2026 1. By filing the present petition, the petitioner has prayed for following reliefs :- “10.1 That, this Hon'ble Court may kindly be pleased to call the entire records from the respondents. 10.2 That, this Hon'ble Court may kindly pass an order or direction for issuance of Permanent Social Status Certificate of Scheduled Caste (Mahar) to the petitioner in accordance with law. 10.3 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.” AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2026.08.07 20:04:55 +0530 2 2. Instant writ petition has been filed by the petitioner challenging the action of the respondent authorities in not issuing Permanent Social Status Certificate in favour of the petitioner's beneficiaries and for a direction to the competent authority to consider the applications in accordance with law. 3. The facts of the case, in brief, are that the petitioner belongs to Scheduled Caste community (Mahar) and seeks issuance of Permanent Social Status Certificates in favour of her beneficiaries as to enable them to avail the benefits provided by the State Government. The petitioner submitted online applications along with with his siblings namely Harshita, Sujata, Vipul, Misha, Manas and Misti and submitted applications before the competent authority on 02.09.2024 and 03.09.2024 along with the relevant documents. It is noteworthy to mention that on 30.09.2024, respondent authorities issued Provisional Scheduled caste certificates in favour of all aforesaid applicants, thereby acknowledging their prima facie claim that the applicants belong to Mahar caste. Despite the aforesaid fact, and even after issuance of provisional caste certificates, the applications were not processed and the petitioners were called upon to furnish pre-1950 documents, educational records and property documents reflecting caste particulars, failing which the applications were rejected. 4. Learned counsel appearing for the petitioner submits that the respondent authorities have failed to consider the fact that the petitioners and his siblings have been granted provisional scheduled caste certificates. It is further submitted that 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 3 applicant can be considered on the basis of an affidavit without insisting upon unnecessary documents. Learned counsel submits that the action of the respondents in demanding fresh ancestral documents and rejecting the applications is arbitrary and contrary to the record. 5. On the other hand, learned State counsel submits that the applications of the beneficiaries are required to be considered by the competent authority after verification of the documents as per the applicable rules. 6. I have heard learned counsel for the parties and perused the documents annexed with the writ petition. 7. From the perusal of the record, it seems that respondent authorities have failed to consider the fact that the petitioners and his siblings have been granted provisional scheduled caste certificates. 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 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. 8. 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 Permanent Social Status Certificates in favour of the beneficiaries, keeping in view that provisional scheduled caste certificates issued in favour of the applicants and 4 the directions 4.3 of Notification No. F-13-22/2012/A.P./1-3 dated 24.09.2013 and the relevant provisions governing issuance of caste certificates, and thereafter 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. Sd/- (Amitendra Kishore Prasad) Judge Avinash