1 / 8 2026:CGHC:6681 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 420 of 2026 Ashwini Nirmalkar W/o Late Neetraj Nirmalkar Aged About 36 Years R/o Tulsipur, Sadhuchal, Ward No. 18, Rajnandgaon, Tehsil And District- Rajnandgaon C.G. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of General Administration, Mahanadi Bhawan, Atal Nagar, Nawa Raipur C.G. 2 - State Of Chhattisgarh Through Secretary Department Of Home, Mahanadi Bhawan, Naya Raipur, District Raipur C.G. 3 - Chhattisgarh Public Service Commission, Through Chairman, North Block, Sector- 15, Naya Raipur, Atal Nagar, Raipur C.G. ... Respondent(s) For Petitioner : Ms. Swati Verma, Advocate For Resp. No. 1 & 2/State : Ms. Anuja Sharma, Dy. Govt. Advocate For Resp. No.3 : Mr. Gary Mukhopadhyay, Advocate S.B.: Hon'ble Shri Parth Prateem Sahu, Judge Order on Board 05/02/2026 1. Petitioner has filed this writ petition seeking following reliefs: Digitally signed by PRAVEEN KUMAR SINHA Date: 2026.02.07 17:29:11 +0530 2 / 8 “10.1 That, this Hon'ble Court may kindly be pleased to call for the entire records pertaining to the petitioner's case. 10.2 That, this Hon'ble Court may kindly be pleased to issue appropriate writ direction to respondent no- 3 to grant benefit of the scheduled caste category to the petitioner in present Sub-Inspector Bharti examination 2025. 10.3 That, This Hon'ble court may kindly be pleased to allow petitioner to appear in physical test under Scheduled Cast Category and direct respondent authorities to change her category from general to Schedules cast. 10.4 That, this Hon'ble Court may kindly be pleased to grant any other relief/relief's in favor of the petitioner, which the Hon'ble Court deemed fit & just in the facts and circumstances of the case.” 2. Learned counsel for the petitioner submits that petitioner is resident of Rajnandgaon, Tahsil and District- Rajnandgaon as of now. Petitioner was earlier married to Neetraj Nirmalkar who was working as Constable in 17th Battalion CGBL, Kabirdham, District- Kabirdham. Husband of petitioner belonged to Other Backward Caste (OBC). Husband of petitioner unfortunately died in harness on 17.05.2018 and thereafter petitioner being widow, pursuant to her application, was granted compassionate appointment on 24.12.2018 on the post of Constable. Respondent No.3/PSC published an advertisement for appointment on the post of Subedar, Sub Inspector of Special Branch, Finger Print Expert, Computer and Cyber Crime as also post of Platoon Commander vide 3 / 8 advertisement dated 30.10.2024. Petitioner submitted her Application Form for her recruitment on the post of Sub Inspector. However, petitioner had submitted Application Form as General Category Candidate because her caste certificate was issued by the competent authority of Gadchirouly, Maharashtra. Petitioner being domicile of State of Chhattisgarh, after marriage, she is residing permanently in Rajnandgaon, State of Chhattisgarh and also her maternal family members are residents of State of Chhattisgarh is entitled for benefit given to Scheduled Caste Candidates. Petitioner was issued domicile certificate by the competent authority of Rajnandgaon. Petitioner has submitted representation before the competent authority for issuance of new caste certificate upon which petitioner was called by the authority, along with all essential documents. The authority after verifying the documents have assured the petitioner for issuance of new caste certificate within a month. However, till date, caste certificate is not issued and therefore this writ petition is filed. She contended that petitioner originally belongs to ‘Mahar’ caste which is also a caste mentioned in the list of Scheduled Caste in the State of Chhattisgarh and therefore petitioner is entitled for her consideration and benefit of a candidate to be of Scheduled Caste category in the recruitment proceeding. 3. Learned counsel for the State opposes submission of learned counsel for the petitioner and would submit that petitioner has not filed her caste certificate along with this writ petition. Neither the caste certificate is issued by the competent authority of Gadchirouly State of Maharashtra nor caste certificate is issued by the 4 / 8 competent authority of State of Chhattisgarh and therefore petitioner cannot be granted the relief as prayed for. He further contended that benefit of reservation can only be granted to a person belonging to the Scheduled Caste (SC), Scheduled Tribe (ST) or Other Backward Class (OBC) if his/her ancestors are resident of State of Chhattisgarh. According to pleadings made in writ petition, petitioner being migrant from State of Maharashtra is not entitled for benefit of reservation in the State of Chhattisgarh. In support of his contention, he places reliance upon decision of Hon’ble Supreme Court in case of Bir Singh Vs. Delhi Jal Board and Ors. (2018) 10 SCC 312. 4. I have heard learned counsel for the parties and also perused the documents annexed along with writ petition. 5. Perusal of pleadings made in the writ petition would show that petitioner has fairly submitted that at the time of submission of Application Form for recruitment on the post applied for, her caste category (Scheduled Caste) does not allow her to submit “Form” under Scheduled Caste Category candidate because her caste certificate was issued by competent authority of Gadchirouly, Maharashtra. 6. From aforementioned pleadings in writ petition supported by an affidavit it is clearly appearing that petitioner was initially a resident of State of Maharashtra and her ancestors are also resident of Maharashtra and therefore she was issued caste certificate of Scheduled Caste by the competent authority of State of Maharashtra. Further, it is appearing that petitioner after her marriage came to State of Chhattisgarh. She performed marriage 5 / 8 with person belonging to Other Backward Class category. Be that as it may, it is well settled that a person can get benefit of caste in the State of their origin. 7. Hon’ble Supreme Court in case of Action Committee on Issue of Caste Certificate to Scheduled Castes and Scheduled Tribes in the State of Maharashtra and Anr. (1994) 5 SCC 244 taking into consideration the decision of its Constitution Bench in case of Marri Chandra Shekhar Rao Vs. Dean, Seth G.S. Medical College & Ors. (1990) 3 SCC 130, has observed thus: "16.We may add that considerations for specifying a particular caste or tribe or class for inclusion in the list of Scheduled Castes/Schedule Tribes or backward classes in a given State would depend on the nature and extent of disadvantages and social hardships suffered by that caste, tribe or class in that State which may be totally non est in another State to which persons belonging thereto may migrate. Coincidentally it may be that a caste or tribe bearing the same nomenclature is specified in two States but the considerations on the basis of which they have been specified may be totally different. So also the degree of disadvantages of various elements which constitute the input for specification may also be totally different. Therefore, merely because a given caste is specified in State A as a Scheduled Caste does not necessarily mean that if there be another caste bearing the same nomenclature in another State the person belonging to the former would be entitled to the rights, privileges and benefits admissible to a member of the Scheduled Caste of the latter State "for the purposes of this 6 / 8 Constitution". This is an aspect which has to be kept in mind and which was very much in the minds of the Constitution-makers as is evident from the choice of language of Articles 341 and 342 of the Constitution. ………… "Relying on this statement the Constitution Bench ruled that the petitioner was not entitled to admission to the medical college on the basis that he belonged to a Scheduled Tribe in the State of his origin." 8. In case of Subhash Chandra & Anr. Vs. Delhi Subordinate Services Selection Board & Ors. (2009) 15 SCC 458, Hon’ble Supreme Court observed thus: "29. Concededly, in respect of education or service, there exists a distinction between State Service and State run institutions including Union Territory Services and Union Territory run institutions on the one hand, and the Central Civil Services and the institutions run by the Central Government on the other. Whereas in the case of the former, the reservation whether for admission or appointment in an institution and employment or appointment in the services or posts in a State or Union Territory must confine to the members of the Scheduled Castes and Scheduled Tribes as notified in the Presidential Orders but in respect of All India Services, Central Civil Services or admission to an institution run and founded by the Central Government, the members of Scheduled Castes and Scheduled Tribes and other reserved category candidates irrespective of their State for which they have been notified are entitled to the benefits thereof. It is not denied or disputed that services in the Union Territory is essentially 7 / 8 different from All India Services. It is also beyond any controversy that machinery for recruitment is also different. Indisputably again, not only the conditions of recruitment but also conditions of service differ. 9. Hon’ble Supreme Court in case of Bir Singh (supra), relying upon the decision in case of Marri Chandra Shekhar Rao (supra) has observed thus : “34. Unhesitatingly, therefore, it can be said that a person belonging to a Scheduled Caste in one State cannot be deemed to be a Scheduled Caste person in relation to any other State to which he migrates for the purpose of employment or education. The expressions "in relation to that State or Union Territory" and "for the purpose of this Constitution" used in Articles 341 and 342 of the Constitution of India would mean that the benefits of reservation provided for by the Constitution would stand confined to the geographical territories of a State/Union Territory in respect of which the lists of Scheduled Castes/Scheduled Tribes have been notified by the Presidential Orders issued from time to time. A person notified as a Scheduled Caste in State 'A' cannot claim the same status in another State on the basis that he is declared as a Scheduled Caste in State 'A' . x x x x x x - - - - - - - - 156. Insofar as the States are, I agree with the majority view that a person who is recognised as a member of Scheduled Castes/Scheduled Tribes in 8 / 8 his original State, will be entitled to all the benefits of reservation under the Constitution in that State only and not in other States/Union Territories and not entitled to the benefits of reservation in the migrated State/Union Territory.” 10. In the above facts of case and decisions of Hon’ble Supreme Court more so when petitioner has not filed caste certificate, no relief as prayed for can be granted to petitioner. 11. Writ petition is devoid of substance and is liable to be dismissed and is accordingly dismissed. Sd/- (Parth Prateem Sahu) Judge Praveen