Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Chh) 12936

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Amitendra Kishore Prasad, J
Shiv Kumar Dhruw – Appellant
Versus
Union Of India – Respondent
WPS No. 3404 of 2023

Advocates:
For the Appellants/Petitioners: Pradeep Kumar Jogi
For the Respondents: Ramakant Mishra, Shweta Rai, Vartika Shrivastava

The authority to verify and adjudicate the genuineness of a caste certificate rests exclusively with the High Level Caste Scrutiny Committee, and administrative or departmental authorities lack the jurisdiction to determine caste disputes or impose service penalties based on their own findings of falsity.

Headnote:(A) Constitution of India - Art.226 - Caste Status Verification - Competent Authority - Employment in paramilitary services - Petitioner's service terminated on grounds of alleged fake caste certificate after departmental inquiry - Whether employer has jurisdiction to determine caste status - Held, employer has no authority to adjudicate upon genuineness of caste certificate - Jurisdictional mandate lies solely with the High Level Caste Scrutiny Committee as per procedure laid down in the judgment of the Apex Court - Impugned orders of dismissal quashed and matter remitted for verification by the designated Committee.

Facts of the case:
Petitioner, a Constable in the Central Reserve Police Force, was dismissed from service following an inquiry that concluded he had obtained employment on the basis of a fraudulent caste certificate. The verification originated from a report by a Sub-Divisional Officer, who stated the certificate number did not exist in their registry for the relevant year. Petitioner challenged the dismissal, contending that the authorities lacked jurisdiction to determine his caste and that the certificate was genuine.

Findings of Court:
The court observed that under established legal precedents, administrative authorities lack the competency to perform the function of a caste scrutiny committee. The dismissal was found to be procedurally flawed due to lack of authority to adjudicate caste verification. The dismissal order was set aside, and the employer was directed to refer the matter to the appropriate High Level Caste Scrutiny Committee for a final determination.

Issues: Whether the respondent authorities were competent to determine the veracity of the petitioner's caste certificate, and whether the dismissal order passed without a report from the Caste Scrutiny Committee is sustainable in law.

Ratio Decidendi: Following the procedural guidelines laid down by the Supreme Court, the High Court held that the determination of a caste certificate's authenticity rests exclusively with the High Level Caste Scrutiny Committee. Consequently, any departmental action predicated on a finding of an invalidated caste certificate made by the employer is legally incompetent and subject to being quashed.

Result: Writ petition allowed; orders quashed with directions for reinstatement pending scrutiny.

Table of Content
1. summary of the facts and the relief sought by the petitioner. (Para 1 , 2 , 3)
2. detailed factual background and rival contentions regarding caste certificate. (Para 4 , 5 , 6)
3. court discussion on established law regarding caste scrutiny committees. (Para 7 , 8 , 9 , 10 , 11)
4. findings of the court and final directions for caste verification and reinstatement. (Para 12 , 13 , 14 , 15 , 16)

Hon’ble Mr. Justice Amitendra Kishore Prasad

Order on Board

17/03/2026

1. This Writ Petition has been filed against the order dated 22.06.2007 (Annexure P/1) passed by the Second Appellate Authority [Commandant 89 Battalion, Central Reserve Police Force, Bargam Jammu and Kashmir ] which in turn arose out of the order dated 04.10.2006 (Annexure P/2) passed by the First Appellate Authority [Commandant 155 Batallion Disciplinary Authority 89 Battalion].

2. By the order dated 04.10.2006, order of ‘Dismissal From Service’ has been passed against the petitioner on the account that petitioner has obtained employment in CRPF on the basis of false caste certificate and by order dated 22.06.2007, the said findings were affirmed and order of ‘Removal from Service’ was passed.

3. Reliefs prayed by the petitioner are as follows:-

(i) That, this Hon'ble Court may kindly be pleased to quash impugned order dated 22.06.2007 (Annexure P-1) passed by the second appellate authority which is arising out of order dated 04.10.2006 (Annexure P-2) passed by the first appellate authority, in the interest of justice.

(ii) That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to consider the case of the petitioner and to reinstate in his service with all consequential benefit per as similar judgment (Annexure P-5) of this Hon'ble Court, in the interest of justice.

(iii) Any other relief which may be suitable in the facts and circumstances of the case, may also be granted.

4. Necessary facts of the case are that the petitioner was initially appointed on the post of Constable in the year 1990, whereby the petitioner was appointed in C.R.P.F. The petitioner discharged his duties and obligations at the most satisfaction of his superiors and he never gave a chance of underperformance. That, the petitioner belongs to a very poor family and he is a permanent resident of village Mopka, District Bilaspur Chhattisgarh. The father of the petitioner namely Babaram Dhruw is also permanent residence of District Bilaspur, which shows that the petitioner is a permanent resident of District Bilaspur. That, the petitioner is originally a residence of village Mopka, District Bilaspur Chhattisgarh. It is not disputed that as a result of State reorganization, District Bilaspur. Earlier in the Presidential scheduled tribe order issued in the year 1950 the tribe "Gond" was recognized as scheduled tribe in District of Chhattisgarh in the State of Madhya Pradesh. After reorganization the Bilaspur was included within the territory of Union of India the caste "Gond" was recognized as a scheduled tribe also in the Union of India. It is submitted that the petitioner brought up and educated in District of Bilaspur. Subsequently he applied in response to an advertisement for selection and appointment in C.R.P.F. for the post of Sipahi/ Constable. It is not disputed that he was selected and appointed against the served vacancy on the basis of certificate of being belonging to "Gond", which was issued by the competent authorities of the State of Madhya Pradesh / Chhattisgarh on 20.06.1995. It is relevant to mention here that according to the presidential scheduled tribe order issued in the year 1950, the tribe "Gond" was recognized as scheduled tribe. Copy of caste certificate is being filed herewith as Annexure P-3. It is also relevant to mention at this juncture that the certificate issued by the competent authority has not been declared null and void by any competent authority. The same has been filed just to show that the entire fa

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2026 Supreme(Online)(Chh) 12936

IN THE HIGH COURT OF CHHATTISGARH AT BILASPURAmitendra Kishore Prasad, JShiv Kumar Dhruw – AppellantVersusUnion Of India – RespondentWPS No. 3404 of 2023

Cases Referred (1)

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Amitendra Kishore Prasad, J
Shiv Kumar Dhruw – Appellant
Versus
Union Of India – Respondent
WPS No. 3404 of 2023