SMT. RANIKORI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner was appointed as Anganbadi Assistant by the Chief Executive Officer, Janpad Panchayat, Gourela. Her caste certificate (Scheduled Caste) issued by competent authority of the State of Madhya Pradesh was accepted and she was awarded ten marks against that. Her appointment was challenged by unsuccessful candidate by filing an appeal before the Additional Collector, Pendra Road. The Appellate Authority by its order dated 23.7.2014 allowed the appeal holding that the petitioner is not entitled for ten marks on the basis of caste certificate issued by the State of Madhya Pradesh relying upon the decision of the Supreme Court in the matter of Action Committee on issue of Caste Certificate to SCs/STs Vs. Union of India, (1994) 5 SCC 244 and set aside her appointment on the said post. Feeling aggrieved against that order, she preferred a revision before the Additional Commissioner, Bilaspur Division, Bilaspur. The Revisional Authority by its impugned order concurred with the appellate authority and dismissed the revision. Questioning the said order, the instant writ petition has been filed by the petitioner herein.

(2.) Mr. Prakash Tiwari, learned Counsel appearing for the petitioner, would submit that the petitioner's caste is Kori, which is notified as Scheduled Caste in the State of Madhya Pradesh and also notified as Scheduled Caste in the State of Chhattisgarh and her marriage having been solemnized with Shri Naresh Kumar prior to the re-organization of the State of Madhya Pradesh, therefore, she is entitled for benefit of caste certificate issued by the State of Madhya Pradesh and the order passed by the Additional Collector and affirmed by the Additional Commissioner in revision is liable to be set aside.

(3.) On the other hand, learned Counsel for respondents would support the impugned order.