RAJ KAPOOR KACHWAHA Vs. STATE OF C G
LAWS(CHH)-2005-2-20
HIGH COURT OF CHHATTISGARH
Decided on February 04,2005

Raj Kapoor Kachwaha Appellant
VERSUS
State Of C G Respondents

JUDGEMENT

L.C.BHADOO,J. - (1.) THE petitioners by this writ petition under Article 226/227 of the Constitution of India, have questioned the propriety and correctness of the order dated 6-8-2004 issued by respondent No.2, whereby respondent No.2 ordered that petitioner No.2 is not entitled for admission in the Government Engineering College on the basis of the Scheduled Caste certificate granted in favour of him.
(2.) BRIEF facts leading to filing of this writ petition are that petitioner No.2 is the son of petitioner No. 1. Petitioner No.2 is a student and his mother Smt: Krishna Khatik is working as Chief Municipal Officer in the State of Chhattisgarh. After re-organization of the State of Madhya Pradesh on 1st November, 200\), petitioner No.2's mother was allocated to the State of Chhattisgarh on her option under Annexure P-1. Petitioner No.2 applied for appearing in the Pre-Engineering Test, which was held by the Board of Secondary Education on 4th & 5th June, 2004. Petitioner No.2 applied for the said test as a Scheduled Caste category candidate. He also filed the caste certificate (Annexure P-5) issued in his favour on 10-1-2002 by the Sub Divisional Officer, Ambikapur. He also filed the domicile certificate Annexure P-6. Petitioner No.2 secured the renk 02115/00092 in the said test and he was called to appear in the counselling. A communication (Annexure P-8) to that effect was sent to him. Accordingly, he appeared in the counselling and during the course of counselling, respondent No.2, the authorized officer, passed order to the effect that the petitioners' fore-fathers were residents of Katni on 10-8-1950, therefore, he is not entitled for the reservation benefit, and per-force petitioner No.2 had to take admission as a general category candidate. Petitioner No.2 had questioned the said decision on the ground that his mother Smt. Krishna Khatik was allocated to the State of Chhattisgarh and she is working as Chief Municipal Officer in the State of Chhattisgarh. The petitioners belong to Khatik caste, which is classified as Scheduled Caste under the Presidential Order for the State of Madhya Pradesh, as well as the Khatik caste has also been notified as Scheduled Caste in the State of Chhattisgarh. The State of Chhattisgarh vide its circular dated 6th July, 2004, has issued a circular that the children of Government servants or any other servants of Corporation, Board or Public Undertaking who have been allocated to the State of Chhattisgarh upon re-organization of the State, will be granted caste certificate and will be entitled for the benefit of reservation on the basis of involuntary migration. The said circular is Annexure P-12. Therefore, the petitioners have prayed for issuance of writ of certiorari quashing the order dated 6-8-2004 issued by respondent No.2 and for direction to the State by a writ of mandamus to consider the petitioner's case on the basis of caste certificate of Scheduled Caste. Return has been filed on behalf of the respondents/State in which it has been mentioned that petitioner No. 1 who is the father of petitioner No.2 is a resident of District: Katni, State of Madhya Pradesh. The Khatik caste has been notified as Scheduled Caste under the Presidential Order issued under Article 341 of the Constitution of India for the State of Madhya Pradesh. Petitioner No.2's mother has been allocated to the State of Chhattisgarh on her option being made voluntarily for the State of Chhattisgarh. The certificate in question issued in favour of petitioner No.2 shows the petitioner as Scheduled Caste candidate in relation to the State of Madhya Pradesh. It is incorrect to say that by virtue of the M.P. Reorganization Act, 2000, if Khatik caste is also included in Chhattisgarh as Scheduled Caste will give any benefit or right to petitioner No.2 who is admittedly the Scheduled Caste candidate of Madhya Pradesh. As regards the issuance of certificate in favour of petitioner No.2 by the S.D.O., Ambikapur, is concerned, the same is not in accordance with the Government of India, Ministry of Home Affairs' circular dated 22-3-1977, also the circular dated 22-2-1985, and also in view of the Constitution Bench's judgment of the Apex Court in the matter of Action Committee on Issue of Caste Certificate to Scheduled Castes and Scheduled Tribes in the State of Maharashtra and another Vs. Union of India and another1. It is submitted that the allocation of Smt. Krishna Khatik, the mother of petitioner No.2, to the State of Chhattisgarh was voluntary as she herself opted for the State of Chhattisgarh, otherwise, as per her residence she could have been allocated to the State of Madhya Pradesh. In the circumstances, the petitioners have not suffered any prejudice. The issuance of circular Annexure P-12 by the State of Chhattisgarh is admitted, but petitioner No.2 is not entitled for any benefit from the same as the migration of petitioner No.2's mother was voluntary, whereas, the said circular relates to involuntary migration. The migration of petitioner No.2's mother was not involuntary, under any arrangement or per-force, but she opted on her own for the State of Chhattisgarh, which is evident from Annexure P-l. The Commissioner, Tribal Department, State of Chhattisgarh has already vide letter dated 12-8- 2004 already raised objection before the General Administration Department, State of Chhattisgarh for its re-consideration. Copy of the said letter is Annexure R-4. Therefore, the petitioners are not entitled for any benefit.
(3.) REJOINDER has also been filed on behalf of the petitioners.;


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