Aniruddh Koche Vs State of Chhattisgarh

Aniruddh Koche S/o. Shri Harish Koche Aged About 56 Years R/o. House No. 129, Sector 4, Deendayal Upadhyay Nagar, P.S. Raipura, Raipur (Chhattisgarh).

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... Petitioner

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versus

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State of Chhattisgarh Through The Secretary, Department of Scheduled Caste And Scheduled Tribe Development, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, Raipur (Chhattisgarh)

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Chhattisgarh Handicraft Development Board Through The Managing Director, Chhattisgarh Hat, Near Mahalakshmi Market, Pandri, Raipur (Chhattisgarh).

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High Powered Caste Scrutiny Committee Through The President, Office Of The Commissioner, Scheduled Caste And Scheduled Tribe Development, Block 4d, Ground Floor, Indrawati Bhawan, Atal Nagar, Nawa Raipur (Chhattisgarh)

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... Respondents

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For Petitioner : Mr. N.Naha Roy, Advocate For Respondents No.1 & 3 : Mr. Atanu Ghosh, Govt. Advocate For Respondent No.2 : Mr. Ali Asgar, Advocate

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SB: Hon’ble Mr. Justice Parth Prateem Sahu

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Order on Board

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16/07/2026

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Petitioner has filed this writ petition questioning the validity and correctness of the order dated 12.02.2021 (Annexure P- 1) by which respondent No.3- High Powered Caste Scrutiny Committee, Raipur has cancelled caste certificate issued in favour of petitioner.

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Facts of the case, in brief, are that petitioner secured appointment on the post of Accountant under respondent No.2 against a vacancy reserved for a scheduled caste candidate on the strength of a caste certificate, Annexure P-2, issued in his favour showing his caste as ‘Mahaar’. A complaint against the petitioner with regard to his caste certificate was made before the President of Chhattisgarh Original Scheduled Caste Officers/Employees Union Raipur, who, in turn, forwarded the complaint to the respondent No.3 for verification of the social status of petitioner. Acting upon the complaint referred, respondent No.3 called upon the Vigilance Cell to inquire regarding social status of petitioner and submit report. Relying on the report submitted by the Vigilance Cell, respondent No.3 by the order impugned cancelled the caste certificate of petitioner.

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Learned counsel for petitioner would submit that the verification and grant and/or rejection of caste certificate has

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to be as per the procedure prescribed in the Chhattisgarh Scheduled Castes, Scheduled Tribes and Other Backward Classes (Regulation of Social Status Certificate) Act, 2013 (for short ‘the Act of 2013’) and the rules made thereunder i.e. Chhattisgarh Scheduled Castes, Scheduled Tribes and Other Backward Classes (Regulation of Social Status Certificate) Rules, 2013 (for short ‘the Rules of 2013’). As per Section 6 of the Act of 2013, the District Level Certificates and Verification Committee, upon conducting a preliminary inquiry on its own motion or on receipt of any information or reference made to it, has prima facie reason to believe that social status certificate has been wrongfully or fraudulently obtained, it shall refer the matter to the High Power Certificate Scrutiny Committee. Only upon such reference is made by the District Level Committee, the High Power Certificate Scrutiny Committee can initiate proceeding of verification of a caste certificate. However, in the present case, respondent No.3-Committee without there being any reference by the District Level Certificates Verification Committee under Section 6 or by the State Government in view of provisions contained in Section 7 of the Act of 2016, has entertained the application for enquiry into the social status certificate of petitioner, which is not permissible. As such, the impugned order passed by respondent No.3 is against the spirit of the

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Act of 2013 and the rules made thereunder, hence the same is liable to be set aside.

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On the other hand, learned State Counsel appearing on behalf of the respondent-State would support the impugned order and submits that the impugned order has been passed in accordance with law.

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I have heard learned counsel for the parties and perused the documents available in record of writ petition.

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The Legislature in the State of Chhattisgarh enacted the Act of 2013 with a view to regulate the issuance and verification of caste certificates for the reserved communities. The Act of 2013 having received the assent of the President, was published in the Gazette on 29.4.2013. Section 6 and Section 7 of Chapter-III of the Act, 2013 deals with the powers which have been otherwise vested with the District Level Certificate Verification Committee and the High Powered Certification Scrutiny Committee and for ready reference, the same are reproduced herein below:

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"6. District Level Certificates verification Committee and its powers. - (1) There shall be a District Level Certificates Verification Committee with such composition as may be prescribed for verification of Social Status Certificate issued by the Competent Authority under Section 4, as may be notified by the State Government having jurisdiction over one or more districts.

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(2) A district Level Certificates Verification Committee shall on its own motion or on receipt of any information or reference made to it, in regard to Social Status Certificate(s) issued by the competent Authority, verify such Certificate(s) in the manner as may be prescribed

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Provided that the reference made to the District Level Certificates Verification Committee by an employer, an Educational Institution, a Local Authority, the Central Government or the State Government, as the case may be, for verification of Social Status Certificate(s), shall be in such form and in such manner as may be prescribed, and it shall be the duty of the District Certificates Verification Committee or report its findings to the employer, the Educational Institution, the Local Authority, the Central Government or the State Government, as the case may be, within a period of one month from the date of receipt of the reference.

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(3) Where there is prima-facie reason to believe that the Social Status Certificate(s) have been wrongfully or fraudulently obtained, the District Level Certificates Verification Committee shall refer all information and relevant documents along with record of its findings to the High Power Certification Scrutiny Committee :

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Provided that where the District Level Certificates Verification Committee arrives at an adverse finding, it shall not refer the case to High Power Certification Scrutiny Committee unless a

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reasonable opportunity of being heard is given to the person, whose Social Status Certificate is disputed.

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(4) The District Level Certificates Verification Committee shall follow such procedure for verification of Social Status Certificates and adhere to such time limit for reference to the High Power Certification Scrutiny Committee under sub- section (3) of this Section, as may be prescribed.

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High Power Certification Scrutiny Committee. - (1) The State Government shall constitute, by notification in the Official Gazette, one or more High Power Certification Scrutiny Committee or Committees, for conducting enquiry into Social Status Certificate(s) referred to it by District Level Certificates Verification Committee under Section 6 or by the State Government, and it shall be the duty of the High Power Certification Scrutiny Committee to examine the report of the District Level Certificates Verification Committee and to proceed in this matter as prescribed under Chapter IV of this Act.

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The High Power Certification Scrutiny Committee shall follow such procedure as may be prescribed Provided that where the High Power Certification Scrutiny Committee decides to arrive at an adverse finding, it shall not do so unless a reasonable opportunity of being heard is given to the person whose Social Status Certificate is disputed."

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Reading of above quoted provisions would show that the

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District Level Certificates Verification Committee is entitled

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suo motu or otherwise to inquire into the correctness of the caste certificate issued and if it is, prima facie , of the opinion it was obtained fraudulently or wrongfully obtained, it shall refer the matter to the High Power Certification Scrutiny Committee. On such reference being made, the High Power Certification Committee, constituted by the State Government for conducting inquiry into social status certificate, shall proceed to examine the report of the District Level Certificates Verification Committee and to proceed in the manner as prescribed under Chapter IV of the Act.

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Further, Chapter-IV of the Rules of 2013 deals with Inquiry, Cancellation and forfeiture of certificate. Sub-rule (2) of Rule 19 says that the High Power Certification Scrutiny Committee shall register the cases referred by the Verification Committee or by the State Government.

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From perusal of order impugned, in particular Para-2, it is clear that a complaint / letter dated 26.2.2010 is directly forwarded to respondent No.3 by the Regional President of Chhattisgarh Original Scheduled Caste Officers/Employees Union, Raipur dated 26.02.2010 for verification of social status of petitioner. Respondent No.3-Committee has taken cognizance of that complaint, registered a case and directed the Vigilance Cell to conduct inquiry with respect to social status of petitioner and submit report. Being satisfied with the

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report of Vigilance, respondent No.3 has cancelled the caste certificate issued in favour of petitioner.

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From the above facts, it is clear that proceedings before respondent No.3 for verification of caste certificate of petitioner was not initiated on a reference made by the District Level Certificates Verification Committee under Section 6 (3) of the Act of 2013 or the State Government under Section 7 of the Act of 2013. In fact, proceedings were initiated on the basis of request / reference made by the Regional President of Chhattisgarh Original Scheduled Caste Officers/Employees Union Raipur, who was totally incompetent to refer the matter to respondent No.3 for verification of caste certificate.

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It is well settled that where a statute requires a thing to be done in a particular manner, it must be done in that manner alone or not at all. In case at hand, the requirement of law is that respondent No.3-Committee shall register the case and conduct inquiry to verify social status of a government servant only on reference made by the District Level Certificates Verification Committee under Section 6 or by the State Government under Section 7 of the Act of 2013. Impugned order reflects that the inquiry is conducted by respondent No.3 on the reference received from an Union.

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Respondent No.3-Committee being a creature of the Statute, derives its authority solely from the provisions contained

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under the Act of 2013. Therefore, in absence of a valid reference from the District Level Caste Verification Committee or the State Government, respondent No.3 had no jurisdiction to undertake verification of the caste status of petitioner. Inquiry conducted or order passed in excess of such jurisdiction is a nullity in the eyes of law.

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For the foregoing, the writ petition is allowed and the impugned order dated 12.02.2021 (Annexure P-1) is set aside. No order as to costs.

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Sd/(Parth Prateem Sahu) Judge

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roshan/-

Aniruddh Koche v. State of Chhattisgarh

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Aniruddh Koche v. State of Chhattisgarh

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