MUKESH KUMAR GAUTAM Vs. STATE OF C.G.

JUDGEMENT

(1.) This writ petition is filed against the order dtd. 9/6/2009 passed by respondent No.4, rejecting application submitted by petitioner for issuance of social status certificate to him of Satnami caste on the ground that he comes within the Scheduled Caste notified in the State of Chhattisgarh.

(2.) Facts relevant for disposal of this writ petition, are that, petitioner prosecuted his studies of Primary level at Government Naveen Primary School, Jarhabhatha, Bilaspur, Chhattisgarh Higher Secondary School, Bilaspur for Middle, High and Higher Secondary School and completed his graduation from Parmanand Sinha College, Bilaspur affiliated to Guru Ghasidas University, Bilaspur. Petitioner obtained caste status certificate initially from the Office of Tahsildar, Bilaspur, Chhattisgarh in the year 2007 and submitted an application before Sub Divisional Officer (Revenue), Bilaspur for grant of permanent caste status certificate mentioning therein that he belongs to a member of Schedule Caste community (Satnami). The application submitted by petitioner came to be dismissed on 9/6/2009, which made the petitioner to approach this Court by way of filing instant writ petition with following reliefs:-

(3.) Learned counsel for the petitioner submits that after completion of his graduation, petitioner decided to participate in State Civil Services notified by Public Service Commission, Raipur at Chhattisgarh and at that relevant point of time, he moved an application before Tahsildar Bilaspur for issuance of social status certificate of petitioner to be a member belonging to Scheduled caste (Satnami). Tahsildar initially issued temporary Caste Certificate. As Sub Divisional Officer (Revenue) was competent authority for issuance of permanent caste certificate, petitioner moved an application before Sub Divisional Officer (Revenue) for permanent caste certificate, which came to be dismissed vide Annexure P/8. It is contended that order dtd. 9/6/2009 passed by Sub Divisional Officer (Revenue) rejecting application submitted by petitioner is arbitrary and illegal. Respondent No.4 has not considered the circular issued by State of Chhattisgarh time to time wherein it is provided that employee who, due to some compulsion allocated to State of Chhattisgarh, will be entitled for same benefit as they were availing in erstwhile State of Madhya Pradesh. Father of petitioner was initially provided the benefit of reserve candidate being a member of Scheduled Caste community and therefore, petitioner is also entitle for the same benefit. In support of his contention, he places reliance upon circulars issued by State Government dtd. 21/7/2003, 6/7/2004 and further memorandum issued by Government of India, Ministry of Tribal Affairs dtd. 28/11/2005. He pointed out that State Government issued a circular on 27/6/2007 clarifying the definition of 'permanent resident'. Petitioner falls within the definition of 'permanent resident', hence also, he is entitled for the benefit of permanent caste certificate.