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2026 DAILYLAW 35074 (CHH)

NARENDRA KUMAR MAITRY v. UNION OF INDIA

WPC/3209/2021 · 2026-09-07

Shri Amitendra Kishore Prasad

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Judgment text

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1 CGHC010179942021 2026:CGHC:39319 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3209 of 2021 1 - Narendra Kumar Maitry S/o Late Shri Giriwar Lal Maitry Aged About 30 Years R/o Village Purena Budha, Tehsil Dabhra, District Janjgir Champa Chhattisgarh ... Petitioner(s) versus 1 - Union Of India Through Ministry Of Social Justice And Empowerment, Room No. 101, C-Wing, Shastri Bhawan, Dr. R. P. Marg, New Delhi 110001. 2 - National Commission For Backward Classes Tirkoot-1, Bhikaji Cama Place New Delhi 110066 3 - Food Corporation Of India Through Manager Personnel Regional Office At Vidhan Sabha Road Kapa Mowa Raipur Tehsil And District Raipur Chhattisgarh 4 - Collector Janjgir Champa District Janjgir Champa Chhattisgarh 5 - Sub Divisonal Officer (Revenue) Dabhra District Janjgir Champa Chhattisgarh ... Respondent(s) For Petitioner(s) : Ms. Srishtee Sahu appears on behalf of Shri Surfaraj Khan, Advocates. For State/respondent : Shri Amit Nayak , PL. For Respondent No.3 : Shri RS Patel, Advocate. S B: Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 08/09/2026 1. Learned counsel for the petitioner submits that an advertisement was issued for recruitment of watchman in Food Corporation of India, Chhattisgarh Region and the petitioner had also applied for the post, who belongs to the category of Other Backward Class and his caste is Mauwar (मौवार) which is AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2026.09.10 18:02:53 +0530 2 mentioned at SL. No. 60 in notification No. F-8-5/(पच्चीस)/4/84 dated 26.12.1984. The petitioner was appointed under OBC Category and the department has directed the petitioner to submit his caste certificate as per format mentioned in Annexure B of the petition. Sub Divisional Officer (Revenue) Dabhra issued caste certificate to the petitioner on 22.11.2007 which has also been verified by the High Power Caste Scrutiny Committee on 20th June 2013. The respondent Sub Divisional Officer (Revenue) is not providing certificate in prescribed format by saying that petitioner’s caste is not mentioned in the list issued by National Commision for OBC, which led to fiing of this Writ Petition. 2. At the outset, counsel for Respondent No.3-Food Corporation of India submits that this Writ Petition has become infructuous on account of the fact vide notice dated 12.01.2023 issued by the General Manager (Chhattisgarh Region), Food Corporation of India, the advertisement No.Estt.IV/DR- Watchman/01/2017 on the strength of which, petitioner was pursuing the OBC caste certificate, has already been withdrawn/cancelled. 3. Be that as it may, this Court finds that the grievance of the petitioner essentially relates to consideration of his claim for issuance of an OBC caste certificate in the prescribed format. The petitioner has placed on record the caste certificate dated 22.11.2007 and its subsequent verification by the High Power Caste Scrutiny Committee. He has also relied upon Notification dated 27.08.2010 issued by the Deputy Secretary, Government of Chhattisgarh, Tribal and Scheduled Caste Development Department, whereby “मौFवाHर” along with “मौKवाHर” is stated to have been included at Serial No. 60 in the OBC list. 3 4. In view of the aforesaid facts and circumstances, without expressing any opinion on the merits of the petitioner’s claim, it would be appropriate to leave the matter for consideration by the competent authority. 5. Accordingly, the petitioner is directed to approach the concerned SDO (Revenue) within seven days from the date of receipt of a copy of this order, along with all relevant documents. On receipt of such representation, the concerned SDO (Revenue) shall consider and decide the petitioner’s claim strictly in accordance with law, after taking into consideration the documents and notifications relied upon by the petitioner, including Notification dated 27.08.2010. The aforesaid exercise shall be completed expeditiously within 60 days from the date of receipt of said representation. 6. With the aforesaid observation and direction, the writ petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Avinash