Order on Board

1. This Writ Petition has been filed against the order dated 12.04.2022 (Annexure P/1) passed by the Chhattisgarh State Scheduled Tribes Aayog whereby the petitioner was directed to appear before the Aayog along with relevant documents in respect of his caste.

2. The petitioner by way of this Writ Petition has prayed for the following reliefs:-

10.1 to kindly call the entire records relating to case of the petitioner.

10.2 to kindly pleased to quash/set aside the Case no. 406/2021 registered by the CG State Schedule Tribe Commission.

10.3 to kindly pleased to quash/set aside the Notice dated 12.04.2022 (Annexure P/1) issued by the Secretary, CG State Schedule Tribe Commission.

10.4 to kindly make any other order that may be deemed fit and just in the facts and circumstances of the case including awarding of the costs to the petitioner.

3. Necessary facts of the case are that the petitioner is a permanent resident of village- Punjipathara, Tahsil- Tamnar, District- Raigarh (C.G.). The petitioner belongs to “dhoba” caste which comes within the Scheduled Tribes category in the State of Chhattisgarh. Caste certificate has been issued in favour of the petitioner after complying the entire provisions for issuance of caste certificate as provided under law. The petitioner's ancestors have been residing in the village punjipathara since 1932 and all revenue records belonging to the petitioner shows his caste as dhoba. Serial Number 16 of Constitution (Schedule Tribes) Order 1950 includes the dhoba community as Schedule Tribe in the state of Chhattisgarh. A complaint was made against the petitioner before the Superintendent of Police, Raigarh only in order to harass the petitioner relating to the same issue of caste certificate whereby an inspection report was submitted by the Sub Divisional Officer (Revenue) Gharghoda District Raigarh inter alia mentioning that caste certificate to the petitioner was issued considering all the relevant documents as required under law.

4. Learned counsel for the petitioner submits that in pursuance of a complaint against the petitioner doubting his caste, The Aayog-Respondent No.2 directed the petitioner to appear before it along with relevant documents such as permanent caste certificate, marksheet of board examination, residential certificate so as to ascertain to the genuineness of the caste certificate of the petitioner.

5. Learned counsel for the petitioner submits that the impugned notice dated 12.04.2022 issued by the Respondent No.2/Chhattisgarh State Scheduled Tribes Aayog is per se illegal as the Aayog is not vested with the authority or power to verify the genuineness of the caste certificate. However, if any complaint is received by the Aayog regarding allegation that some person is having forged caste certificate, the Aayog can receive the said complaint and has to recommend the same to either District Level Caste Scrutiny Committee or High Level Caste Verification Committee constituted under the Chhattisgarh Scheduled Castes, Scheduled Tribes and Other Backward Class (Regulation of Social Status Certification) Act, 2013. As such, the impugned notice is required to be quashed.

6. Learned State counsel submits that Respondent No.2 has rightly passed the order impugned.

7. Learned counsel for Respondent No.2 submits that the Aayog has not passed an illegal order as simply a notice has been issued to the petitioner to appear before the Aayog along with relevant documents and from the said act, it cannot be said that the Aayog has usurped the power of Caste Scrutiny Committee.

8. I have heard learned counsel for the parties and perused the documents available with the petition.

9. The Hon'ble Apex Court in the matter of Kumari Madhuri Patil and another Vs. Addl. Commissioner, Tribal Development and others reported in AIR (1994) 6 SCC 241 has laid down comprehensive guidelines for verification of caste certificates and directed the constitution of Caste Scrutiny Committees for th