##PAGE1##

1

2026:CGHC:5436

Digitally signed by

AJAY KUMAR

DWIVEDI NAFR

DN: cn=AJAY

KUMAR DWIVEDI,

ou=HIGH COURT,

o=HIGH COURT OF

CHHATTISGARH,

st=Chhattisgarh, HIGH COURT OF CHHATTISGARH AT BILASPUR

c=IN

Date: 2026.02.02

15:06:41 +0530

WPC No. 316 of 2026

Smt. Alka Rani Lal W/o Shri N.D. Lal Aged About 53 Years Presently Posted As

Upper Division Teacher At Govt. Girls Middle School, Jyotipur Gaurela-Pendra-

Road, District Gourela-Pendra-Marwahi, R/o Suman Niketan Road, Sarbahra,

Pendra Road, District Gourela-Pendra-Marwahi C.G.

... Petitioner.

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Tribal And

Scheduled Caste, Block D Ground Floor, Indrawati Bhawan New Raipur

Chhattisgarh.- 492015.

2. Chhattisgarh State Scheduled Tribes Commission, Through Its Secretary,

Near Bhagat Singh Chowk, Shankar Nagar Road, District Raipur, Raipur

Chhattisgarh- 492001.

... Respondents.

(cause title downloaded from CIS Periphery)

For Petitioner : Mr. Dhiraj Kumar Wankhede, Advocate.

For Res No.1 : Mr. Vivek Verma, Govt. Advocate.

For Res No.2 : Mr. Ravi Kumar Bhagat, Advocate.

( Hon’ble Shri Justice Naresh Kumar Chandravanshi )

Order on Board

31/01/2026

With the consent of the learned counsel for the parties, the matter is

heard finally.

1. This Writ Petition under Article 226 of the Constitution of India has been filed

for the following reliefs:-

2

"10.1 The Hon'ble Court may kindly be pleased to call for

the entire records leading to issuance of the impugned notice

dated 21.11.2025 Annexure-P-1, for the kind perusal of this

Hon'ble Court.

10.2 The Hon'ble Court may kindly be pleased to quash the

impugned notice dated 21.11.2025 (Annexure-P-1) issued by

the respondent.

10.3 The Hon'ble Court may kindly be pleased to stay

further proceeding in respect of the impugned notice dated

21.11.2025 (Annexure-P-1), till final outcome of the present

petition.

10.4 Cost of the petitioner may also be granted to the

petitioner.

10.5 Any other relief which this Hon'ble Court deems fit

and proper may also kindly be granted to the petitioner, in

the interest of justice."

2. Mr. Dhiraj Kumar Wankhede, learned counsel for the petitioner submits that

the petitioner was appointed as an Assistant Teacher at Primary School

Mahamedpur, Akaltara, District Janjgir-Champa (earlier Bilaspur) vide

appointment order dated 29.06.1993 (Annexure-P/5). Later on, she has been

granted several promotions and at present she is posted as Upper Division

Teacher at Govt. Girls Middle School Jyotipur. He further submits that the

petitioner has obtained the aforesaid service on the basis of caste certificate

(Annexure-P/4) issued by the competent Authority as she belongs to 'Gond'

tribe which comes under the Scheduled Tribe category. However, respondent

No.2, Chhattisgarh Rajya Anusuchit Janjati Ayog issued a notice to the

petitioner on 21.11.2025 (Annexure-P/1) alleging that a complaint has been

received against her that she has obtained the job on the basis of false and

fabricated caste certificate. Learned counsel submits that the Chhattisgarh

Rajya Anusuchit Janjati Ayog is not vested with the power to adjudicate upon

the validity of caste certificates under the Chhattisgarh Rajya Anusuchit

3

Janjati Ayog Adhiniyam, 1995 (in brevity the "Adhiniyam 1995") inasmuch as

it is vested with the District Level Caste Certificate Verification Committee/

High Power Caste Certificate Scrutiny Committee, which is duly constituted

under the Chhattisgarh Scheduled Castes, Scheduled Tribe and Other

Backward Classes (Regulation of Social Status Certification) Act, 2013. He

also places reliance in the case law laid down by the Hon'ble Supreme Court

in Ku. Madhuri Patil Vs. Additional Commissioner, Tribal Development (1994)

6 SCC 241 and submits that the impugned notice (Annexure-P/1) issued by

respondent No.2 is without jurisdiction and respondent No.2 has no authority

at all to enquire the issue as it is vested with the statutory Authority as above.

Hence, the impugned notice (Annexure-P/1) may be quashed.

3. Per contra, Shri Ravi Kumar B