YOGITA D/O CHHOTELAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner would assail the legality and validity of the order passed by the Sub Divisional Officer (Revenue) Durg, on 18.1.2016 (Annexure-P/1) affirming the order passed by the Tehsildar, Durg whereby her application for grant of Caste Status Certificate has been rejected on the ground that the petitioner's forefather being a resident of District Balaghat (M.P.), Tehsildar, Durg is not competent to issue such certificate.

(2.) Referring to the various circulars of the State Government and the order passed by the High Level Caste Scrutiny Committee, Chhattisgarh in the matter of one Harshwardhan Chourase, the petitioner's counsel would submit that her father having migrated to the State of Chhattisgarh in 1982, her application was maintainable before Tehsildar, Durg. It is argued that for want of certificate, the petitioner is not able to obtain the benefit of reservation as SC candidate, therefore, the petitioner is put to irreparable harm by the act of the respondents.

(3.) Admittedly, the petitioner's father was not a Government servant. He was resident of village Athari, Post Khairlanji, Tehsil and District Balaghat (MP). He migrated to Durg in the year 1982 on his own and not by way of transfer being a Central Government Employee or on allocation to the present State of Chhattisgarh at the time of creation of the new State on 1.11.2000.