Dileshwar Sidar Vs State Of Chhattisgarh And Anr.

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(WPS No. 4591 of 2014)

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2025:CGHC:698

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WRIT PETITION (SERVICE) NO. 4591 OF 2014

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 Dileshwar Sidar, aged about 29 years, S/o Shri Natthuram Sidar, R/o Village: Bhaisgarhi, Police Station Punji Pathra, Tahsil Tamnar, Civil & Revenue District Raigarh (C.G.) 496001.

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... Petitioner(s)

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Versus

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1. State of Chhattisgarh, through Secretary, Department of Tribal Affairs, Mahanadi Bhawan, Mantralaya, New Raipur, District Raipur (C.G.)

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2. Collector (Land Record), Raigarh, Collectorate, District Raigarh (C.G.)

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... Respondent(s)

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For Petitioner	:-	Mr. Rahul Birtharey, Advocate.
For Respondents/State	:-	Mr. Amit Buxy, Panel Lawyer.

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[Single Bench ]

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Hon'ble Shri Justice Sanjay K. Agrawal

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Order on Board

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(06-01-2025)

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1. By way of the present Writ Petition, the Petitioner has

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questioned his non-selection on the post of Patwari on account of non-submission of his permanent caste certificate right on time.

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(WPS No. 4591 of 2014)

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2. Brief factual background of the case is that pursuant to the advertisement issued by Respondent No.2 for the post of Patwari in the year 2014, the Petitioner also appeared in the said recruitment process under Scheduled Tribe category and as per the final list of the Scheduled Tribe candidates (Annexure P-9), he was selected for the said post and called for the verification of his original documents. However, the Petitioner was not having his permanent caste certificate of Scheduled Tribe and for submission of which he requested for time.

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As per Annexure R-1 filed along with the return of the Respondents, the Petitioner was granted three opportunities to submit his permanent caste certificate on 7.7.2014, 21.7.2014 and thereafter on 20.8.2014, but the Petitioner could not submit the said certificate within the time stipulated. Meanwhile, on 19.8.2014, final select-list was issued and the Petitioner was not appointed on account of non-submission of his permanent caste certificate. It is the case of the Petitioner that since he has obtained his permanent caste certificate on 17.3.2018, which has been produced before this Court as Annexure P-14 enclosed along with

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the rejoinder filed by the Petitioner on 14.1.2019, he may be granted appointment for the said post by appropriate writ.

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(WPS No. 4591 of 2014)

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3. Learned Counsel for the Petitioner submits that though the Petitioner could not submit his permanent caste certificate earlier within the stipulated period of time, but ultimately he has produced his permanent caste certificate issued on 17.3.2018 before this Court and as per the guidelines issued by the State Government on 24.9.2013, permanent caste certificate ought to have been issued within 30 days from the date of receipt of the application. Therefore, appointment order be issued in favour of the Petitioner.

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4. Learned State Counsel however submits that the Petitioner was granted not one but three opportunities on 7.7.2014, 21.7.2014 and 20.8.2014 to submit his permanent caste certificate, which he failed to do so and therefore in absence of his permanent caste certificate, the Petitioner was not appointed. He further submits that the permanent caste certificate (Annexure P-14) which the Petitioner has now produced before this Court on 14.1.2019 clearly shows that he had applied for the same on 6.2.2018 and thereafter the permanent caste certificate dated 17.3.2018 was issued to the Petitioner through online mode. As such, the Petitioner is not entitled for appointment and the writ petition is accordingly liable to be dismissed.

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(WPS No. 4591 of 2014)

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5. I have heard learned Counsel for parties, considered their rival submissions and also perused the record of the case with utmost care and circumspection.

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6. Admittedly, the Petitioner had applied for the post of Patwari under Scheduled Tribe category and he was not having permanent caste certificate at that time. The Petitioner, as per his statement, was selected for the said post of Patwari and he was granted three opportunities on 7.7.2014, 21.7.2014 and thereafter on 20.8.2014 to submit his permanent caste certificate, but despite opportunities having been granted to the Petitioner by the selection committee he did not avail the opportunity made available to him and failed to submit his permanent caste certificate within the stipulated period of time and therefore he was not appointed for the said post. As regards the non-issuance of permanent caste certificate by the competent authority within 30 days as mandated in the Circular dated 24.9.2013 issued by the State Government, the same is a dispute between the Petitioner and the issuing authority of the said caste certificate and therefore that cannot be taken as a reason for non-submission of his permanent caste certificate well in time. A careful perusal of the said permanent caste certified (Annexure P-14) produced by

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(WPS No. 4591 of 2014)

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the Petitioner before this Court would show that the Petitioner on 6.2.2018 had made his electronic application for issuance of his permanent caste certificate which was issued through online mode on 17.3.2018. As such, since the Petitioner did not produce his permanent caste certificate within the stipulated period of time granted to him, his case was rightly not considered and he was rightly not given appointment for the said post.

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7. In that view of the matter, I do not find any merit in the present writ petition which deserves to be and is hereby dismissed, leaving the parties to bear their own costs.

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Sd/- (Sanjay K. Agrawal) Judge

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sharad

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Digitally signed SHARAD by SHARADKUMAR YADAV KUMAR Date: YADAV 2025.01.0713:56:07 +0530

Dileshwar Sidar v. State Of Chhattisgarh And Anr.

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Dileshwar Sidar v. State Of Chhattisgarh And Anr.

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