ORDER :

1. Petitioners have filed this petition aggrieved with the letter dated 26.06.2023, issued by respondent No.3 directing petitioners for submission of documents for verification of the caste by the District Level Document Verification Committee and have prayed for following relief (s):-

“10.1 That, this Hon’ble Court may kindly be pleased to issue an appropriate writ/order, thereby setting-aside/quashing the impugned orders-cum-notice dated 26.06.2023 (Annexure P/1).

10.2 That, any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the cost of the petition may be given.”

1. Learned counsel for petitioners submits that petitioners belong to Manepod (Mannewar) community and the caste Mannewar comes under category of Scheduled Tribe in the erstwhile State of Madhya Pradesh and also in the State of Chhattisgarh. Petitioners have submitted an application for grant of Social Status Certificate before the competent authority and the competent authority after due enquiry has issued caste certificate in favour of petitioners. Petitioners have also applied for government job based on the caste certificate and become successful. After verification of the documents petitioners were appointed. On the basis of complaint, Sub-Divisional Officer has canceled the caste certificates issued in favour of petitioners and consequent to the cancellation of caste certificate, respondent No.2 cancelled the appointment of petitioners. Order of cancellation of appointment was challenged before the Chhattisarh State Scheduled Tribe Commission, Raipur and Commission considering the entirety of the facts of the case have recommended for reinstatement of petitioners, which is also after due enquiry with regard to social status of petitioner. After recommendation of the Commission, the execution of the order of termination issued by respondent No.2 was stayed.

2. It is the contention of learned counsel for petitioners that when Commission after enquiry of the social status of petitioners has recommended for their reinstatement observing that the issue with regard to Mannewar caste to be scheduled tribe is pending consideration before the State Scheduled Tribe Commission, Raipur and it is the High Power Caste Scrutiny Committee constituted by the State of Chhattisgarh for enquiring into the caste certificate, and therefore, the letter issued by respondent No.3 is without any authority of law. He submits that the State Government had issued a circular dated 24.09.2013 issuing guidelines/instructions for issuance of social status certificate of the Scheduled Caste, Scheduled Tribe and Other Backward Class candidates, for verification and for cancellation. Referring to Clause -5 of the circular it is argued that once the caste certificate has been issued by the competent authority after due enquiry, the aggrieved party could have challenged the caste certificate in an appeal before the authority prescribed and the respondent No.3 is not the authority prescribed as an appellate authority. He also submits that in the identical facts of the case, interim order of stay is passed by this Court in WPS No. 1046 of 2020 and the writ petition filed by petitioners in WPC N. 717 of 2017 and other connected matters, the notice issued to petitioners therein by the Sub-Divisional Officer (Revenue) has been held to be without jurisdiction. Lastly he contended that even if the caste certificate is to be verified then it can only be done by the High Power Caste Scrutiny Committee. In support of this contention, he placed reliance upon the decision of Hon’ble Supreme Court in case of Ku. Madhuri Patil and Another Vs. Additional Commissioner, reported in AIR 1995 SC 94 and in case of Kavita Solunke Vs. State of Maharashtra and others, reported in (2012) 8 SCC 430.

3. Learned counsel for the State opposing the submission of learned counsel for petitioners would submit that the notice is issued by respondent No.3, who is Me