1 CGHC010241462022 2026:CGHC:38199 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5184 of 2022 1 - Harishankar Dewangan S/o Shri Moti Lal Dewangan Aged About 26 Years R/o Ward No. 164, Bhathapara, Birra Janjgir- Champa Chhattisgarh. 495661 ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Health And Family Welfare And Medical Education Department, Atal Nagar, Naya Mantralaya, Naya Raipur, Chhattisgarh. Pin 2 - The Director Department Of Ayurvedic Yoga, Naturopathy, Unani Sidha And Homeopathy, Old Mantralaya Campus, D. K. S. Bhawan Raipur Police Station Moudhapara, District- Raipur Chhattisgarh. 3 - Chhattisgarh Professional Examination Board Through Its Chairman, Vyapam Bhavan, North Block, Sector-1 Atal Nagar, Naya Raipur, Chhattisgarh. 492001 4 - Shri Kuldeep S/o Shri Sadhu Sahu R/o Village Dafra, Post Office Jheet, Tehsil Patan District- Durg Chhattisgarh. Presently Posted As Pharmacist Ayurved Parsoda District- North Bastar Kanker Chhattisgarh. 5 - Shri Dharmendra Kumar Verma S/o Shri Sohan Lal Verma R/o Village Tehsil Sandi, Post Office Mudapar, Tehsil Papri, District Baloda Bazar Chhattisgarh. Presently Posted Pharmacist Ayurved Government Ayurved Dispensary Bamhini, District- Kondagaon Chhattisgarh. 6 - Shri Omkar Prasad Sahu S/o Parsdesi Ram Sahu R/o Village Pachri Post Office Pawni, Tehsil Bhilaigarh, District- Baloda Bazaar, Chhattisgarh. Presently Posted As Pharmacist Ayurved Govt. Ayurved Dispensary, Nariyer, District- Janjgir- Champa Chhattisgarh. 7 - Shri Hemant Kumar Patel S/o Shri Khirsagar Patel R/o Village Singarpur, Post Office Bengchi, Tehsil Baramkela, District- Raigarh, Chhattisgarh. Prestly Post As Pharmacist Ayurved At Primary Health Center, Doomarpali, District- Raigarh Chhattisgarh. 8 - Shri Rajendra Prasad Patel S/o Shri Ganga Prasad Patel R/o Post Office Teamar, Tehsil Sakhti District- Janjgir Champa, Chhattisgarh. Presently Posted As Pharmacist, Specialized, Therapy Center, Bagicha, District- Jashpur Chhattisgarh. ---- Respondents For petitioner : Mr. P. Acharya, Advocate For State : Mr. Vivek Mishra, Panel Lawyer For respective respondents : Mr. Gajanand Ratre, Advocate holding the brief of Mr. Shivang Dubey, and Mr. Arpit Parakh, Advocate holding the -2- brief of Mr. Animesh Tiwari, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 25.08.2026 1. The petitioner has filed this petition seeking following relief (s) : “10.1 It is prayed that this Hon’ble Court may kindly be pleased to call for entire records concerning the present selection and the comparative results, for its kind perusal. (10.2) This Hon'ble Court may kindly be pleased to issue an appropriate writ Quashing the appointment order dated 11.03.2021 against the post of the pharmacist working under the respondent 2 for the divisional district of Sarguja, Bilaspur, and Bastar CG, Whereby respondent authority have issued appointment orders of the candidates dated 11.03.2022 in the contravention of Articles 14 and 16 of the Constitution of India and further it is pertinent to mention that respondents authority action is against the well settled law "candidates, who belong to SCs, STs and OBCs have secured higher marks or are more meritorious, they must be considered against the seats meant for unreserved candidates" (Annexure P-1) (10.3) That this Honbl'e Court may kindly be pleased to issue an appropriate writ Quashing the appointment order of the the private Respondent No 5 (10.4) Any other relief / relief's which this Hon'ble Court may think fit and proper in the facts and circumstances of the case, with cost of the petition may also be pleased to be granted to the petitioner. 2. Mr. Acharya, learned counsel appearing for the petitioner would confine his argument to prayer clause 10.3. He would contend that an advertisement was issued to fill up the post of Ayurved Pharmacist. He would further contend that the petitioner as well as respondent No.5 who belong to the Other Backward Class submitted their application forms. The petitioner secured position 3 at serial No.1 in the wait list of the OBC category. He would further contend that respondent No.5, who also belongs to the Other Backward Class, submitted a social status certificate issued by the Additional Tehsildar. He would submit that the competent authority to grant a social status certificate is the Sub-Divisional Officer (Revenue); therefore, the certificate submitted by respondent No.5 was not competent and, therefore, the respondent authorities should have rejected the candidature of respondent No.5. 3. On the other hand, learned counsel appearing for the respondents would oppose the submissions. They would submit that the petitioner participated in the entire recruitment process and thereafter filed this petition challenging appointment of the private respondents. They would contend that a social status certificate was issued in favour of respondent No.5 by the Additional Tehsildar on 26.06.2001, which was in existence on the cut-off date, i.e., 06.10.2019. They would contend that, as the social status certificate was neither cancelled nor recalled by any of the authorities, the Selection Committee rightly considered it and extended benefit to respondent No.5. They would contend that the petition is misconceived and deserves to be dismissed. 4. Heard the learned counsel appearing for the parties and perused the documents placed on record. 5. According to the Chhattisgarh Scheduled Castes, Scheduled Tribes and Other Backward Classes (Regulation of Social Status Certification) Rules, 2013, the competent authority for issuance of a social status certificate in respect of a reserved category is the -4- concerned Sub-Divisional Officer (Revenue). 6. In the present case, a social status certificate was issued by the Additional Tehsildar in favour of respondent No.5 on 26.06.2001, and on the basis of said certificate, the candidature of respondent No.5 was considered and he was offered appointment to the post of Ayurved Pharmacist. As there is an allegation with regard to validity of the social status certificate of respondent No.5, the appointing authority is directed to refer the social status certificate of respondent No.5 to the District Level Caste Scrutiny Committee for due verification in accordance with law. The appointment of respondent No.5 shall be subject to the outcome of such verification. 7. With the aforesaid observation(s)/direction(s), the present petition is disposed of. Sd/- (Rakesh Mohan Pandey) Judge Rekha