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2025 Supreme(Online)(Chh) 8548
IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Arvind Kumar Verma, J
Virendra Turkane – Appellant
Versus
State Of Chhattisgarh – Respondent
WPC No. 2558 of 2025
For the Appellants/Petitioners: Mr. Love Kumar Ramteke
For the Respondents: Ms. Poorva Tiwari
The court affirmed the right to timely issuance of caste certificates under relevant state regulations.
Headnote:The present case concerns the issuance of a caste certificate following the applicable regulations of the Chhattisgarh Scheduled Castes, Scheduled Tribes and Other Backward Classes (Regulation of Social Status Certification) Rules, 2013. The petitioner, belonging to the 'Chamar' caste, applied for a Permanent Social Status Certificate, asserting rights under the Chhattisgarh Lok Sewa Guarantee Act, 2011. The court found merit in expedited processing of the pending application. The primary issue addressed was whether the petitioner had submitted a valid application for the certificate. The court determined that the application was pending and directed its completion within a specified timeframe. The outcome of the petition was that it was allowed with directions to the authority to conclude the inquiry within 60 days.
| Table of Content |
|---|
| 1. entitlement to a caste certificate for children. (Para 3 , 4 , 10) |
| 2. application procedural compliance. (Para 5) |
| 3. caste certificate regulation compliance. (Para 6 , 7 , 8 , 9) |
| 4. timeliness in decision-making is mandated. (Para 11) |
| 5. petition allowed with directions to authorities. (Para 12 , 13) |
Order on Board
09/06/2025
1. The present petition is heard finally with the consent of the parties.
2. The present petition is filed by the petitioner praying for the following relief(s):
“10.1 That, this Hon’ble Court may kindly be pleased to call the entire records from the respondents.
10.2 That, this Hon’ble Court may kindly issue a writ in the nature of Mandamus directing the respondent authority to issue Permanent Social Status Certificate (Caste Certificate) to the petitioner, prescribed period granted under the Chhattisgarh Scheduled Castes, Scheduled Tribes and Other Backward Classes (Regulation of Social Status Certification) Rules, 2013 and on prescribed period granted under the C.G. Lok Sewa Guarantee Act, 2011.”
3. Brief facts of the case is that the petitioner belongs to Schedule Caste “Chamar” and petitioner’s children wants to get the benefit of caste in the Chhattisgarh. The petitioner preferred online application no. 0704012412002875 & 0704012412002877 before competent caste certificate issuing authority S.D.O. (Revenue) Rajnandgaon, District- Rajnandgaon on 11.06.2024. The petitioner also filed all the relevant documents, application, affidavit with Inability Memo.
4. Learned counsel for the petitioner contended that the petitioner’s father was working at Revenue Department in District- Rajnandgaon, State of Madhya Pradesh. His father died while in service on 24.04.2000 and the petitioner was given the compassionate appointment vide order dated 03.08.2006. In the service book of the petitioner, the caste of the petitioner has been clearly mentioned as “Chamar”.
5. Learned counsel for the State contended that the petitioner has never moved any application before the competent authority under the Chhattisgarh Schedule Castes, Schedule Tribes and Other Backward Classes (Regulation of Social Status Certification) Act, 2013 (for short 'the Act, 2013) for issuance of caste status certificate, therefore, the writ petition is not maintainable.
6. I have heard learned counsel for the respective parties and perused the record with utmost circumspection.
7. Section 5 of The Chhattisgarh Scheduled Castes, Scheduled Tribes and Other Backward Classes (Regulation of Social Status Certification)
Rules, 2013 provides as under:
5. Preliminary Inquiry of the Application, Receipt and Return Memo.
“(1) After registering application, the Competent Authority shall make a preliminary inquiry summarily, to ascertain whether the application is complete or not and whether document required under Sub-Rule (3) of Rule 3 are annexed or not. In case, the Competent Authority finds that the required document is annexed with the application, he shall, make available to the Applicant receipt prescribed in FORM-3A and in case required documents are not annexed shall give to the Applicant a Return Memo in FORM-3B within 7 days of the receipt of application.
(2) Counterfoil of the Receipt or Return Memo, as the case may be, shall be kept in the office of Competent Authority.”
8. Section 6 of The Chhattisgarh Scheduled Castes, Scheduled Tribes and Other Backward Classes (Regulation of Social Status Certification)
Rules, 2013 provides as under:
“Inability Memo.-(1) An applicant belonging to Scheduled Castes or Scheduled Tribes, who has applied for obtaining Certificate, inspite of adequate efforts could not get the required document under sub-rule(3) of Rule 3, may give an affidavit about his inability to submit such document in prescribed FORM-3C, printed on the back of Return Memo. (2) On receipt of Inability Memo, the Competent Authority, shall not demand for the required document or documents under sub-rule (3) of Rule 3 and shall proceed to inquire
