Ankit Kumar Vs State of Chhattisgarh

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2025:CGHC:47580

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RAGHVENDRAJAT Digitallysigned byRAGHVENDRAJAT

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPS No. 2560 of 2023

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1 - Ankit Kumar S/o Shri Indar Sai Ram Aged About 21 Years R/o Patelpara Shankargarh Janpad Panchayat Shankargarh, P.S. - Shankargarh District Balrampur - Ramanujganj, Chhattisgarh.

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... Petitioner(s)

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versus

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1 - State Of Chhattisgarh Through The Secretary, Department Of Tribal Welfare Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District : Raipur, Chhattisgarh.

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2 - The Collector, Balrampur Ramanujganj District Balrampur - Ramanujganj, Chhattisgarh.

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3 - The Assistant Commissioner Tribal Development, Balrampur, District Balrampur - Ramanujganj, Chhattisgarh.

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4 - The District Education Officer, Ramanujganj, District Balrampur - Ramanujganj, Chhattisgarh.

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5 - The Chief Executive Officer, Jila Panchayat Balrampur - Ramanujganj, District Balrampur - Ramanujganj, Chhattisgarh.

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6 - The Chief Executive Officer, Janpad Panchayat Shankargarh, District Balrampur - Ramanujganj, Chhattisgarh.

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7 - The Block Education Officer, Block Shankargarh, District Balrampur

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Ramanujganj, Chhattisgarh.

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... Respondent(s)

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For Petitioner(s) : Mr. Akath Kumar Yadav, Advocate. For Respondent(s)/State : Mr. Ajay Kumar Pandey, G.A.

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Hon’ble Mr. Justice Amitendra Kishore Prasad

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Order on Board

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16/09/2025

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By way of this petition, the petitioner has prayed for following reliefs:-

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“10.1 To call for the records of the case for the kind perusal of this Hon'ble Court.

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10.2 To issue an appropriate writ or order and direct the respondent authorities to give employment in Janpad panchayat Shankargarh as per letter dated 08.08.19 issued by the respondent no.5 to respondent no.6. and letter dated 16-07-2020 issued by the respondent no.6 to respondent no.3 in respect of appointment of the petitioner on the post of peon or Assistant teacher

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panchayat.

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10.3 That as per the circular issued by the authority concerned on 06-05-2003 and 15-07-2003 Hon'ble court may please to direct the respondent authorities to give employment on the post of class III & Class IV.

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10.4 That, this Hon'ble Court may kindly be pleased to direct the respondent authority to consider the application of the petitioner dated 02/08/2022 in the interest of justice.

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10.5 Any other relief deemed fit in the facts and circumstances of the case may also be granted.”

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Brief facts of the case, is that, the petitioner belongs to the special tribal groups recognized under the Indian Constitution, specifically the primitive tribal group i.e. Pahari Korwa. According to a survey conducted by state authorities on November 10, 2017, and the certificate issued by respondent No. 6, the petitioner is categorized under special backward tribal groups. The petitioner has completed 12^th class and submitted academic documents for employment with the Janpad Panchayat, Shanargarh. The petitioner is also registered with the District Headquarter Balrampur Employment Exchange under registration number CT27120191826, renewed on July 20, 2020. Birth and tribal certificates have been produced by the petitioner.

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Respondent No. 1 issued a letter dated August 2, 2021, regarding the 2011 census, confirming that the Pahari Korwa tribal group, who reside in the hills, are included in the tribal census categories 16 and 17. The petitioner submitted a representation on June 13, 2018, highlighting his socioeconomic disadvantages and requesting employment based on his tribal status. As per circulars dated May 6 and 12, 2003, the State Government directed direct recruitment to fill backlog posts for Scheduled Castes and Scheduled Tribes. The Department of General Administration, through Order No. F9-6/2003/1/3, reiterated these provisions in 2003, supported by constitutional amendments from 2000. Further, the petitioner submitted another representation on August 2, 2022, requesting employment under the applicable circulars for special primitive tribal groups like the Pahari Korwa, with the representation filed accordingly. Hence, this petition.

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Learned counsel for the petitioner submits that the petitioner, namely, Ankit Kumar, who belongs to the Primitive Tribal community of Pahari Korwa, seeks appointment under the special category reservation for either the post of Peon or Assistant Teacher in the Panchayat. According to the State Government’s circular dated 15^th July 2003, members of the Primitive Tribal groups, including the Pahari Korwa, are entitled to

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special benefits in appointments based on their qualifications. In furtherance of this, the Chief Executive Officer of Jila Panchayat, Balrampur-Ramanujganj, Chhattisgarh, issued a letter dated 8^th August 2019 recognizing the petitioner’s eligibility, however, despite this acknowledgment, no appointment has been made to date, prompting the petitioner to file the present petition seeking appropriate relief.

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On the other hand, learned counsel representing the State, in the course of filing the reply, has contended that the petitioner has failed to produce a valid and permanent caste certificate that has been duly verified and authenticated by the competent authorities. In the absence of such verified documentation, the authorities were unable to consider the petitioner’s claim for appointment, thereby justifying the denial of the said appointment.

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At this stage of the proceedings, the learned counsel appearing on behalf of the petitioner respectfully submits that the petitioner is in possession of a valid and permanent caste certificate. This certificate, which has been duly annexed to the petition, serves as conclusive evidence in support of the petitioner's claim. Furthermore, it has been expressly affirmed by the concerned Chief Executive Officer (CEO) in the relevant official records. The petitioner has also formally filed this certificate along with the

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present petition as Annexure-P/5, which was issued by the Sub Divisional Officer of Kusmi. This documentary evidence, therefore, conclusively establishes the petitioner's entitlement and status as claimed in the petition.

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The assertion put forth by the respondent/State, alleging that the petitioner has failed to submit the permanent caste certificate, is unfounded and does not align with the established legal principles and procedural requirements. Such a contention is therefore devoid of merit and inconsistent with the relevant statutory provisions and judicial precedents governing the matter.

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I have heard learned counsel for the parties and perused the material available on record.

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Considering the facts and circumstances of the case, and in particular the petitioner’s possession of a valid permanent caste certificate identifying them as a member of the Primitive Tribal Community of Korwa, which is listed as a Scheduled Tribe at Serial No. 27, the concerned respondent State authorities are hereby directed to carefully consider the petitioner’s case. If the petitioner is found to be eligible in all respects, the authorities shall issue the appointment order forthwith, in accordance with the letter dated 8^th August 2019 issued by the Chief Executive Officer of the Jila Panchayat, Balrampur-Ramanujganj, Chhattisgarh.

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This exercise be done within a period of 45 days from the date of receipt of copy of this order.

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Should any additional documents be required, it is the solemn responsibility of the respective respondent authorities to promptly inform the petitioner. This obligation arises particularly because the petitioner belongs to the Primitive Tribal Community of Korwa, a community that holds a special constitutional recognition and is regarded with the status akin to that of an adopted son of the Hon’ble President of India. Accordingly, the authorities must exercise due diligence and sensitivity in ensuring that all procedural requirements are communicated clearly and without delay to facilitate the petitioner’s rightful access to benefits and protections.

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With this observation and direction, the writ petition is disposed of.

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Sd/-

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(Amitendra Kishore Prasad) Judge

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Raghu Jat

Ankit Kumar v. State of Chhattisgarh

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Ankit Kumar v. State of Chhattisgarh

Case brief

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