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2025 DIGILAW 145 (CHH)

Ramkeshwar Singh, S/o. Shri Shankar Prasad v. State of Chhattisgarh, Through Secretary, Health And Family Welfare Department

2025-03-04

SANJAY K.AGRAWAL

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Order : (Sanjay K. Agrawal, J.) 1. The short question involved in this petition is whether the concluded enquiry qua the social status of the petitioner can be reopened on the basis of subsequent complaint. 2. The aforesaid question of law arises in the following factual backdrop :- (i) By order dated 05.02.1991 passed in Misc. Petition No.2359/1990, the Madhya Pradesh High Court has held that the petitioner doesn't belong to Scheduled Tribe category but he belong to OBC category and accordingly, on 18.03.1991, the petitioner was appointed as an Assistant Surgeon in Public Health & Family Welfare Department, Govt. of Madhya Pradesh under the OBC category, which was subject matter of High Power Caste Scrutiny Committee. (ii) On 24.09.2007, the High Power Caste Scrutiny Committee held that prior to appointment of petitioner as Assistant Surgeon, he has secured admission in MBBS under the reserved seat of Scheduled Tribe category, though he belong to OBC category and cancelled the appointment of the petitioner, which he challenged in W.P.(S) No.6455 of 2007 before this Court and ultimately this Court allowed the writ petition on 07.09.2010 subject to certain conditions and held that the appointment of the petitioner cannot be quashed, however, it has been directed that the petitioner would not be entitled for any benefit of Scheduled Tribe status except of Other Backward Class in future. 3. Now, on the basis of some complaint made, the impugned notices Annexure P-1 & Annexure P-3 have been issued by the Chhattisgarh State Schedule Tribes Commission calling the petitioner for verification of his caste certificate and the impugned notice Annexure P-2 has also been issued by the State of Chhattisgarh directing the petitioner to appear before the said Commission for verification of his caste certificate, which have been challenged by way of this writ petition. 4. Mr. Manoj Paranjpe, learned counsel for the petitioner, would submit that the petitioner's status as OBC category and his admission against Schedule Tribe category has now been adjudicated finally by the order of Madhya Pradesh High Court dated 05.02.1991 passed in Misc. Petition No.2359/1990 and by order of this Court dated 07.09.2010 passed in W.P.(S) No.6477/2007 and therefore, the Chhattisgarh State Schedule Tribes Commission has no authority and jurisdiction to take cognizance of said issue on the individual complaint. As such, the impugned notices Annexure P-1, Annexure P-2 & Annexure P-3 deserves to be quashed. 5. Mr. Petition No.2359/1990 and by order of this Court dated 07.09.2010 passed in W.P.(S) No.6477/2007 and therefore, the Chhattisgarh State Schedule Tribes Commission has no authority and jurisdiction to take cognizance of said issue on the individual complaint. As such, the impugned notices Annexure P-1, Annexure P-2 & Annexure P-3 deserves to be quashed. 5. Mr. Pankaj Singh, learned State counsel, submits that only the notice issued by the Chhattisgarh State Schedule Tribes Commission has been forwarded to the petitioner and therefore, the State has no role to play. 6. Mr. A.S.Kachhawaha & Mr. Manish Nigam, learned counsels for the respondent No.3 submits that only notices have been issued, no order has been passed against the petitioner, therefore, the petition deserves to be dismissed. 7. I have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the records with utmost circumspection. 8. The petitioner's status as belonging to OBC category has been made final by the order of the Madhya Pradesh High Court passed in Misc. Petition No.2359/1990 on 05.02.1991 and the petitioner's admission in MBBS course against the reserved seat of Scheduled Tribe category has also been adjudicated finally by this Court by order dated 07.09.2010 in W.P.(S) No.6455/2007, subject to certain conditions enumerated in the order and further it has been held that the petitioner would not be entitled for any benefit of Schedule Tribe status except of Other Backward Class in future. However, by the impugned notices Annexure P-1, Annexure P-2 & Annexure P- 3, the Chhattisgarh State Schedule Tribes Commission directed the petitioner to appear before the Commission for verification of his social status. Since the social status of the petitioner has already been adjudicated by the Madhya Pradesh High Court and it has been held that petitioner belongs to OBC category by order dated 05.02.1991 in Misc. Since the social status of the petitioner has already been adjudicated by the Madhya Pradesh High Court and it has been held that petitioner belongs to OBC category by order dated 05.02.1991 in Misc. Petition No.2359/1990 and his admission in MBBS course against Scheduled Tribe category has been adjudicated by this Court by order dated 07.09.2010 in W.P.(S) No.6455/2007; therefore, the dispute with regard to social status is no longer available to be adjudicated by the Chhattisgarh State Schedule Tribes Commission and the Chhattisgarh State Schedule Tribes Commission has also no jurisdiction to adjudicate the said issue in light of the decision rendered by the Supreme Court in the matter of Collector, Bilaspur v. Ajit P.K.Jogi & Others, (2011) 10 SCC 357 and further in light of the decision rendered by this High Court in the matter of Premlal v. State of Chhattisgarh & Others , W.P.(227) No.38/2014 decided on 24.04.2019 . Furthermore, the Supreme Court in the matter of J.Chitra v. District Collector & Chairman, State Level Vigilance Committee, Tamil Nadu & Others , (2021) 9 SCC 811 has held that repeated inquiries for verification of caste certificates would be detrimental to the members of Scheduled Castes and Scheduled Tribes. Reopening of inquiry into caste certificates can be done only in case they are vitiated by fraud or when they were issued without proper inquiry, which is not the present case, as in the instant case, the Madhya Pradesh High Court and this Court have already considered the social status of the petitioner and order passed by both the High Courts have became final. Therefore, the notices issued vide Annexure P-1, Annexure P-2 & Annexure P-3 are apparently without jurisdiction and without authority and therefore they are hereby quashed. 9. In the result, the petition is allowed. No order as to costs.