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Chhattisgarh High Court · body

2008 DIGILAW 174 (CHH)

SIDDHARTH CHOURE v. STATE OF C. G.

2008-07-09

DHLRENDRE MISHRE

body2008
ORDER Heard. By this petition under Article 226/227 of the Constitution of India the petitioner has impugned the order dated 02.08.2007 whereby respondent No.2 has refused to issue permanent caste certificate to the daughter of the petitioner namely Ku. Bhawna Choure. The petitioner is a Government employee and working as Assistant Teacher in the District of Rajnandgaon since 1991. The petitioner's daughter applied for caste certificate before respondent No.3 and she was issued temporary/provisional caste certificate (Annexure P-4), however, her application for issuance of permanent caste certificate was rejected by the respondent No.2 vide order of Annexure P-6 on the ground that the petitioner is not the permanent resident of State of Chhattisgarh. The General Administration Department of State of C.G. vide notification given the criteria for bonafide residents of the State and according to which the officers/employees, their spouses and sibling have been included within the criteria of bonafide residents of the State and the daughter of the petitioner also falls within the above category. The petitioner belongs to Mahar caste, as is evident from the provisional caste certificate of Annexure P-4 and the said caste is also included in the Scheduled Castes & Scheduled Tribes Orders (Arndt.), Act, 1976. In Writ Petition [c] No. 5314/07 between Ku. Bharti Banpuriya Vs. State of C.G. and others, the Division Bench of this Court has held that once a person is recognized as the resident of Chhattisgarh, then the sarneanalogy shal1 be applied for the purposes of his children also provided his caste is included in the Presidential Order. Since the petitioner and his daughter are bonafide residents of the Chhattisgarh and the 'Mahar' caste of which they belong is included in the Presidential Order as scheduled caste, therefore, they are entitled to be issued permanent caste certificate and order of Annexure P-6 is contrary to constitutional provisions. Mr. Alok Bakshi,learned Government Advocate forthe State fairly submits that the case of the petitioner is duly covered by the order in the matter of Ku. Bharti Banpuriya (supra). Mr. Alok Bakshi,learned Government Advocate forthe State fairly submits that the case of the petitioner is duly covered by the order in the matter of Ku. Bharti Banpuriya (supra). In this view of the matter, the petition is allowed, impugned order dated 02.08.2007 (Annexure P-6) is herby set aside and respondent No.2 -Sub Divisional Officer, Dongargaon is directed to consider the application of petitioner for issuance of caste certificate afresh in light of the observations made herein above and in accordance with lawwithin a period of seven days from the date of production of certified copy of this order. Consequently, I.A. No. 1 also stands disposed of. Certified copy today. Petition Allowed.