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2026 Supreme(Online)(Chh) 13443

HIGH COURT OF CHHATTISGARH AT BILASPUR


WPC No. 4154 of 2019



1 - Smt. Vidya Gonnade (Dekate) W/o. Shri Pundlik Dekate Aged About 57 Years Occupation Service, Working As Administrative Officer, Life Insurance Corporation Of India, Raipur Road, Mahasamund, Chhattisgarh., District : Mahasamund, Chhattisgarh.... Petitioner(s)


versus


1 - Union Of India Through Secretary, Ministry Of Home Affairs, Department Of Personal And Training, Government Of India, North Block, New Delhi, 110001.


2 - Life Insurance Corporation Of India Through Its Chairman, Jeevan Bima Marg, Nariman Point, Mumbai, Maharashtra, 400021.


3 - State Of Chhattisgarh Through Secretary, Government Of Chhattisgarh, General Administration Department, Mahanadi Bhawan, Atal Nagar, Nava Raipur, Chhattisgarh, 492002, District : Raipur, Chhattisgarh.


4 - Manager Personal And Industrial Relations, Life Insurence Corporation Of India, Divisional Office, 'jeevan Prakash' Jeevan Bima Marg, Post Box No. 10, Pandri, Raipur, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh.


5 - High Power Certification Scrutiny Commitee Through Its Member Secretary- Cum-Director, Office Of Commissioner, Scheduled Castes And Scheduled Tribe Development, Block 4d, Ground Floor, Indravati Bhawan, Atal Nagar, Raipur, Chhattisgarh., District : Raipur, Chhattisgarh.... Respondent(s)


Hon’ble Mr. Justice Amitendra Kishore Prasad


Order on Board


11/03/2026


Sd/-(Amitendra Kishore Prasad)


Judge


Raghu Jat

1. By way of this petition, the petitioner has prayed for following reliefs:-

“10.1 Call for the entire records from the possession of respondents, especially Respondent No.5 for kind perusal of this Hon'ble Court.

10.2 This Hon'ble Court be pleased to quash the impugned order dated 23/08/2019 (Annexure P-1) by issuing a writ in the nature of certiorari.

10.3 This Hon'ble Court be pleased to pass such other orders as it may deem fit under the facts and circumstances of the case, in favour of the petitioner against the respondents.

10.4 This Hon'ble Court be pleased to award costs of the proceedings.”

2. Brief facts of the case, is that, the petitioner is a native of Pawani, situated in District Bhandara, which formed part of the erstwhile Central Provinces and Berar as on 06.09.1950. She completed her Bachelor of Arts degree in the year 1982 and, thereafter, in 1989, was duly selected through a properly conducted selection process for appointment as an Assistant in the Life Insurance Corporation of India. Subsequently, with due permission from her employer, she pursued and successfully completed her LL.B. degree in the year 1994. At present, she is serving as an Administrative Officer in the Life Insurance Corporation at Mahasamund. The petitioner genuinely belongs to the “Halba” community, which is recognized as a Scheduled Tribe under the Presidential Order of 1950 applicable to the erstwhile Central Provinces and Berar, including District Bhandara (now in the State of Maharashtra) as well as Raipur (now in the State of Chhattisgarh). In recognition of her caste status, a valid caste certificate was issued to her by the Collector, Raipur on 20.03.1977. Since the petitioner belongs to the Halba community originating from District Bhandara, which was part of the Central Provinces and Berar as on the cut-off date of 06.09.1950, Respondent No. 5, namely the Chhattisgarh High Power Certification Scrutiny Committee, lacked the jurisdiction to inquire into or adjudicate upon the validity of her caste certificate, particularly when the petitioner is not originally a resident of the State of Chhattisgarh. Nevertheless, acting upon a purported complaint made by an unrelated and interested third party, namely the Chhattisgarh Adivasi Vikas Parishad, the said Committee initiated an inquiry which failed to arrive at any conclusive determination regarding the petitioner’s caste status. Despite the absence of any definitive finding, the Committee proceeded to cancel the caste certificate dated 20.03.1977 solely on the untenable ground that the petitioner could not produce documentary evidence predating 06.09.1950. In doing so, the Committee failed to examine or determine whether the issuing authority was competent to grant such certificate, thereby rendering the inquiry arbitrary and violative of principles of natural justice. In fact, any verification of the petitioner’s caste status, if at all warranted, could have been undertaken only by the competent scrutiny authorities of the State of Madhya Pradesh or, at best, the State of Maharashtra. The Respondent No. 5 Committee ought to have duly considered that the petitioner is an original resident of the erstwhile Central Provinces and Berar and that her father was in service with the Khadi and Village Industries Commission, Raipur, and thus no adverse inference could be drawn regarding her caste status. Consequently, the impugned order dated 23.08.2019 (Annexure P-1) is wholly without jurisdiction, illegal, and unsustainable in law. Furthermore, in the absence of any finding that the caste certificate was obtained fraudulently or by misrepresentation, the Committee had no authority to cancel the same. The impugned order is thus patently arbitrary and violative of the petitioner’s fundamental and constitutional rights guaranteed under Articles 14, 15, and 16 of the Constitution of India, and therefore deserves to be quashed and set aside.

3. Learned counsel for the p

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