BRIJRAM BHARIA vs STATE OF CHHATTISGARH

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CGHC010334852026 2026:CGHC:38654
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 6399 of 2026
1 - Brijram Bharia S/o Shri Bachan Sai Aged About 59 Years Caste
Bharia, Resident Of Village Kendaikhar, Post Office Jamnipali, Tahsil
Darri, District Korba (C.G.)
AMARDEEP
CHOUBEY
... Petitioner
Digitally signed by
AMARDEEP
CHOUBEY
Date: 2026.09.02
10:40:37 +0530
versus
1 - State Of Chhattisgarh Through It's Secretary Department Of School
Education Atal Nagar, Mahanadi Bhawan, New Mantralay Raipur
District Raipur Chhattisgarh
2 - State Of Chhattisgarh Secretary Department Of Scheduled Tribes
And Scheduled Caste, Atal Nagar, Mahanadi Bhawan, New Mantralay
Raipur District Raipur Chhattisgarh
3 - Member And Deputy Director State High Level Caste Scrutiny
Committee Raipur District Raipur Chhattisgarh
4 - Collector Tribal Welfare And Development Korba, District Korba
Chhattisgarh
5 - District Education Officer Korba, District Korba Chhattisgarh
6 - Assistant Commissioner Tribal Welfare And Development, Bilaspur,
District Bilaspur Chhattisgarh
7 - Sub Divisional Officer Katghora, District Korba Chhattisgarh
8 - Block Education Officer, Podi-Uproda, District Korba Chhattisgarh
... Respondents
(Cause title is taken from Case Information System)
For Petitioner : Mr. S.R. Jaiswal, Advocate
For Respondent/ State : Mr. Luv Sharma, Panel Lawyer

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Hon’ble Shri Bibhu Datta Guru, Judge
Order on Board
01/09/2026
1. By the present writ petition, the petitioner seeks a direction to the
respondent authorities to consider and decide the pending
representation dated 11/04/2010 (Annexure P/4) submitted before
the respondent/Collector, District Korba.
2. Learned counsel for the petitioner submits that the petitioner, who
was appointed as Assistant Teacher on 09.09.1988, had earlier
preferred WPS No. 3242/2005 challenging the order dated
07.04.1999 whereby his services were terminated on the
allegation of submission of a forged caste certificate. The said writ
petition was allowed by this Court by setting aside the termination
order with a direction to the Collector to refer the petitioner's case
to the State Level Caste Scrutiny Committee and, in the event the
petitioner was found to belong to the "Bharia" Scheduled Tribe, to
reinstate him in service with all consequential benefits. He submits
that pursuant to the said direction, the State Level Caste Scrutiny
Committee, has held that the petitioner belongs to the "Bharia"
Tribe. He submits that despite the said finding and the specific
direction issued by this Court, the respondents have neither
reinstated the petitioner nor complied with the order passed in
WPS No. 3242/2005. Learned counsel further submits that the
petitioner has submitted several representations, including the

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representation dated 11/04/2010 (Annexure P/4), seeking
compliance of the aforesaid order, which is still pending
consideration, whereas in the cases of similarly situated Assistant
Teachers, the respondents have already complied with the
directions of this Court. Therefore, it is prayed that the
respondents be directed to consider and decide the petitioner's
pending representation and comply with the order passed by this
Court in accordance with law.
3. Learned State counsel, on instructions, submits that if the
representation dated 11/04/2010 (Annexure P/4) submitted by the
petitioner before the Collector, Korba, the same shall be
considered and decided, in accordance with law, within the
stipulated period.
4. I have heard learned counsel for the parties and perused the
material available on record.
5. From perusal of the order dated 10.03.2010 passed by this Court
in WPS No. 3242/2005, it is evident that a specific direction was
issued to the respondents to reinstate the petitioner in service with
all consequential benefits in the event the State Level Caste
Scrutiny Committee found that the petitioner belongs to the
"Bharia" Tribe. It is not in dispute that the Caste Scrutiny
Committee, vide its report/order dated 08.10.2015, has held that
the petitioner belongs to the "Bharia" Tribe.

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6. In view of the above and considering that the petitioner has
already submitted a representation before the Collector, Korba,
seeking compliance of the order dated 10/03/2010, as well as the
submission made by learned State counsel, this writ petition is
disposed of with a direction to the respondent/Collector, Korba, to
consider and decide the petitioner's pending representation dated
11/04/2010 (Annexure P/4) and pass an appropriate order in
accordance with law, keeping in view the order dated 10/03/2010
passed by this Court in WPS No. 3242/2005, preferably within a
period of 30 days from the date of receipt of a copy of this order.
7. With the aforesaid direction, the writ petition stands disposed of.
SD/-
(Bibhu Datta Guru)
JUDGE
Amardeep