CHANDRA SHEKHAR KOTRIWAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) WP (S) Nos.1195 & 1533 of 2012, involve the same question of law and common facts and, as such, are being disposed of by this common order.

(2.) WP (S) No.1195 of 2012 : The petitioner was appointed on the post of District Organizer, Department of Tribal Development, in the year 1983 against the post reserved for the Scheduled Tribe category candidates, as according to the petitioner, the petitioner belongs to 'Chattri' Tribe and it was a part of Tribal community. Thereafter, in 1991 & 2000, the petitioner was promoted to the posts of Assistant Commissioner and the Deputy Commissioner, respectively. Acomplaint was made with regard to the social status of the petitioner. On the basis of the same, an enquiry was conducted and subsequently, by order dated 29-8-2005 (Annexure P/8) the High Power Caste Scrutiny Committee (for short "the Committee") held that the caste certificate issued by the Sub Divisional Officer, Balod, in favour of the petitioner, was wrong and, as such, the same was cancelled. It was also directed that the appointment of the petitioner against the reserved post of Scheduled Tribe be cancelled.

(3.) Thereagainst, the petitioner preferred a petition before this Court, being WP (S) No.4951 of 2005. This Court considered the said writ petition along with other connected matters and by order dated 19-8-2010 allowed the writ petition and remitted back to the Committee to consider the case of the petitioner afresh after following the guidelines/directions of the Supreme Court and also as per the circulars issued by the State of Chhattisgarh as well as the Government of India from time to time. The Committee, after reconsideration, by order dated 29-2-2012 held that 'Chattri' community was not scheduled tribe and cancelled the caste certificate of the petitioner. Thus, this petition.