Pavitra Ahirwar vs State Of Chhattisgarh
2021 Latest Caselaw 3254 Chatt

                        HIGH COURT OF CHHATTISGARH, BILASPUR

                                          WPC No. 4681 of 2021

              Pavitra Ahirwar, D/o Shri Rajbahadur Ahirwar Aged About 38 Years R/o
               Rawatpura Colony Dhebar City, Bhatagoan Raipur District Raipur Chhattisgarh.

                                                                                    ---- Petitioner

                                                  Versus

             1. State Of Chhattisgarh Through its Secretary, Department of Schedule Tribe
                Development Department, Mahanadi Bhawan Atal Nagar, Raipur Chhattisgarh.

             2. High Power Caste Scrutiny Committee, Through its President Cum Secretary
                Indravati Bhawan Atal Nagar Raipur Chhattisgarh.

             3. Director, Tribal Research and Training Centre Pt. Deendayal Uppadhayay Nagar
                Sector-4 Raipur District Raipur Chhattisgarh.

             4. Member of Secretary, High Power Caste Scrutiny Committee, Indravati Bhavan
                Naya Raipur Chhattisgarh.

             5. Deputy Superintendent Of Police Vigilance Cell High Power Caste Secrutiny
                Committee Nava Raipur, Atal Nagar, Chhattisgarh.

             6. Vigilance Inspector Vigilance Cell, High Power Caste Serutiny Committee
                Indravati Bhawan, Raipur Chhattiagarh.

                                                                                ---- Respondents

22/11/2021 Mr. Mateen Siddiqui, Advocate for the petitioner.

Mr. S.C. Verma, Advocate General with Mr. Chandresh Shrivastava, Dy. Adv. General for State.

Heard.

This petition has been brought challenging the show-cause notice dated 21.10.2021 against the petitioner. It is submitted that the father of the petitioner was appointed as Agricultural Assistant in Agricultural Department in the year 1981 from Schedule Caste quota. Petitioner was born brought up and educated in Chhattisgarh and petitioner has also been appointed as Food Inspector in Food Department from the Schedule Caste quota. An inquiry was initiated with respect to the caste certificate of the petitioner, in which, vigilance report has been submitted mentioning that the petitioner is a member of Schedule Caste, however, the ancestors of the petitioners were basically residents of Uttar Pradesh, therefore, she has no entitlement of grant of caste certificate, on this basis show- cause notice has been issued.

It is further submitted that after the formation of State of Chhattisgarh State Government has issued circular F9-1/2001/1/3 dated 27.06.2007, according to which the Officer/Employees, their spouses and children, who were serving in Madhya Pradesh before the reorganization of the State shall be deemed as bonafide residents of Chhattisgarh and they shall have the entitlement accordingly. It is submitted that in the case of Narrendra Dehariya Vs. State of Chhattisgarh in WPC No.5070/2007 vide order dated 27.9.2007 this Court has ordered directing the respective respondents to consider the case of the petitioner in the light of circular dated 27.6.2007.

Reliance has been placed on the judgment of Supreme Court in the case of Marri Chandra Shekhar Rao vs Dean, Seth G.S. Medical College and Ors., reported in (1990) 3 SCC 130. It is also submitted that the respondent No.2 has initiated the proceeding without submission of report of the District Level Certificates Verification Committee, which is contrary to the provision of Section 6 of The Chhattisgarh SC, ST and OBC (Regulation of Social Status Certification) Act, 2013, hence, it is prayed that petition be admitted and interim relief be granted.

Learned State counsel opposes the submissions and submit that the petition filed is premature as it is only show-cause notice has been issued. Petitioner has opportunity to present her case before respondent No.2. The action taken by the respondent No.2 is in accordance with the Rules 20, 21 & 22 of The Chhattisgarh SC, ST and OBC (Regulation of Social Status Certification) Act, 2013. Relying on the order of this Court in the case of Anil Kumar Parate Vs. State of Chhattisgarh and others in Writ Appeal No.264/2016 decided on 21.6.2016, it is submitted that Division Bench of this Court has held that the procedure initiated on show-cause notice by the Caste Scrutiny Committee cannot be stayed, hence, the application for interim relief be rejected.

Learned counsel for petitioner submits in rebuttal that the legality of the procedure initiated against the petitioner, is under challenge in the present petition, therefore, the petition is maintainable.

I have heard both the parties and perused the documents filed along with the petition. For the present, it is ordered that the process on the show-cause notice (Annexure-P/1) initiated against the petitioner may go on, but no coercive steps be taken against the petitioner until the next date of hearing.

Time is granted to the State counsel for filing reply.

List this case after four weeks.

Sd/-

                                                  (Rajendra Chandra Singh Samant)
Nisha                                                            Judge