2025:CGHC:32207 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WP(C) No. 3564 of 2025

1 - Menka Devi D/o Late (Raja) Naresh Chandra Singh Aged About 73 Years Caste- Gond, R/o Girivilas Palace Sarangarh, Tahsil - Sarangarh, District- Sarangarh Bilaigarh (C.G.).

2 - Kulisha Mishra D/o Menka Devi Aged About 39 Years Caste- Gond, R/o Girivilas Palace Sarangarh, Tahsil - Sarangarh, District-

Sarangarh Bilaigarh (C.G.)

... Petitioner(s)

versus

1 - State Of Chhattisgarh Through The Chief Secretary General Administration Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, Atal Nagar, District - Raipur (C.G.)

2 - The Collector Sarangarh District- Sarangarh - Bilaigarh (C.G.)

3 - The Sub Divisional Officer (R) Sarangarh, District- Sarangarh-

Bilaigarh (C.G.)

4 - The Tehsildar Sarangarh District- Sarangarh-Bilaigarh (C.G.)

---- Respondents For Petitioners : Mr. Vivek Tankha, Sr. Advocate (appeared through video conferencing) along with Mr.

Prateek Sharma, Advocate For State-Respondents : Mr. Satish Gupta, Govt. Advocate Hon'ble Shri Justice Arvind Kumar Verma

Order on Board

11/07/2025

1. The petitioner has been filed this writ petition on the following relief(s) :

“10.1 That, this Hon'ble Court may kindly be pleased to set aside the impugned order dated 23.09.2024 (ANNEXURE P/1) and order dated 01.02.2024 (ANNEXURE P/2) and further be pleased to direct the respondents to issue tribal caste certificate in favor of petitioner no. 2, in the interest of justice.

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 costs of the petition may be given.”

2. Learned counsel for the petitioners contended that the Respondents have rejected the claim of tribal caste certificate in favor of petitioner no. 2 on the ground that according to circular dated 01.08.1996 issued by the erstwhile State of M.P. a person not born as schedule caste or schedule tribe cannot become entitled or eligible for SC/ST certificate on the basis of inter caste marriage with SC /ST category member; and on the ground that the caste of any child is decided on the basis of his paternal hierarchy and not on the basis of his maternal hierarchy. The circular dated 01.08.1996 is not at all applicable in the instant case because petitioner no. 2 is not married till date and with regard to issuance of paternal hierarchy issue is concerned the same is decided by the Hon'ble Supreme Court in the judgment of Ramesh Bhai Vs State of Gujarat cited in (2012) 3 SCC 400 and held that caste certificate to the child born out of wedlock of inter caste marriage will be decided on the basis of the fact & circumstances under which child is brought up. Apart from above rest of the facts circumstances, documents and evidences are in favor of the petitioners despite that she is being deprived of a tribal caste certificate. Hence this petition.

3. Per contra, learned counsel appearing on behalf of the State/respondents opposes the relief(s) sought by the petitioners.

4. I have heard learned counsel for the respective parties at length, perused the record with utmost circumspection.

5. Considering the facts of the case and submission made by learned counsel for the parties, further considering the judgment passed by the Hon’ble Apex Court in the matter of Rameshbhai Dabhai Naika Vs. State of Gujarat & Others, (2012) 3 SCC 400, in Para – 54, 55 & 56 are held as under :

“54. In view of the analysis of the earlier decisions and the discussion made above, the legal position that seems to emerge is that in an inter-caste marriage or a marriage between a tribal and a non- tribal the determination of the caste of the offspring is essentially a question of fact to be decided on the basis of the facts adduced in each case. The determination of caste of a person born of an inter- caste marriage or a marriage between a tribal and a non-tribal cannot be determined in complete disregard of attending facts of the case.

55. In an inter-caste marriage or a marriage b