MANJHIRAM SAHARE vs STATE OF CHHATTISGARH

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2026:CGHC:10830
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPC No. 890 of 2026
Manjhiram Sahare S/o Late Shri B.R. Sahare Aged About 65 Years R/o In Front Of
Maharshi School Near Shriram Residency, Ward No. 14, Mangla, Bilaspur, District
Bilaspur C.G.
... Petitioner
versus
1 - State Of Chhattisgarh Through The Secretary, Public Relation Department,
Mantralaya, Atal Nagar, Nawa Raipur, District Raipur C.G.
2 - The Under Secretary, Government Of Chhattisgarh, Public Relation Department,
Mantralaya, Atal Nagar, Nawa Raipur, District Raipur C.G.
3 - High Level Certification Scrutiny Committee, Directorate Of Scheduled Caste
Investigation And Training Institute, Sector - 24, Nawa Raipur, Atal Nagar, District
Raipur C.G., Through Its Member Secretary.
4 - The Deputy Superintendent Of Police (Vigilance Cell), High Level Certification
Scrutiny Committee, Chhattisgarh, Raipur C.G.
... Respondents
For Petitioner : Mr. Goutam Khetrapal, Advocate
For Respondents/State : Mr.Sabyasachi Choubey, Govt. Advocate
(Hon’ble Shri Justice Naresh Kumar Chandravanshi)
Order on Board
02.3.2026
1. This writ petition has been preferred under Article 226 of the
Constitution of India for quashment of order dated 27.11.2025 (Annexure
P/14) passed by respondent No.3/High Level Certification Scrutiny
Committee ("herein after referred as Committee"), whereby the Committee
Digitally
signed by
BINI
PRADEEP
Date:
2026.03.03
17:24:31
+0530
BINI
PRADEEP

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has cancelled the caste certificate of the petitioner belonging to "Mahar"
scheduled caste. The petitioner has also prayed for quashment of all the
consequential action pursuant to impugned order dated 27.11.2025 and
further observation to initiate the proceedings under Rule 23(3) and 24(1) of
the Chhattisgarh Schedule Castes, Schedule Tribes, and Other Backward
Classes (Regulation of Social Status Certification) Rules 2013 (for short,
‘Rules 2013’) against the petitioner.
2. Learned counsel for the petitioner submits that caste Mahar/Mahra of
the petitioner is duly notified under the category of Scheduled Caste in the
State of Chhattisgarh. Respondent No.3/Committee in its impugned order
dated 27.11.2025 has pointed out the fact that the petitioner belongs to
' Mahra ' caste and used ' Mehra ' as a surname instead of ' Mahra '. There is no
difference in the surnames Mahar/Mahara/Mahra/Mehra as they falls under
the Mahar Schedule Caste category. The difference occurred due to
difference in local dialects and pronunciation, writing and phonetic values,
due to this confusion, many people of Schedule Castes have face the similar
problems/issues, hence, the General Administration Department of
Government of Chhattisgarh has taken this issue under cognizance and
issued a notification/circular Annexure P-5 dated 30.12.2017. In clause 3(b)
of said circular/notification at Serial No.5, it is written in English roman script
' Mahar ' Schedule Caste has been approved to be written as
‘Mahar/Mahara/Mahra/Mehra’ . Learned Counsel further contended that
respondent-State after doing a detailed social studies vide its circular dated
06.01.2022 have recommended to include the Mahar/Mahara/Mahra/Mehra
as the Schedule Caste of the Chhattisgarh State which is mentioned at Serial
No.33 and same has been duly notified by the Government of India vide
notification in official gazette dated 12.08.2023 and thereby amended the

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Constitution (Schedule Caste) order 1950 for the state of Chhattisgarh
passed the Constitution (Schedule Caste) order (Amendment) Act, 2023 and
included the caste Mahar/Mahara/Mahra/Mehra at Sr. No.33 of the notified
list of Schedule Caste community for the state of Chhattisgarh. Learned
Counsel further contended that respondent No.3/Committee has duly verified
the caste certificate of the family member of the petitioner. The other family
members of the petitioner including his son and the siblings have been
granted the social status certificate belonging to " Mahra " caste which has
been duly verified and certified by the same Committee. Consequent to the
above notification, caste of the petitioner whether it is called
Mahar/Mahara/Mahra/Mehra is now included at Serial No.33 of the notified
list of Schedule Caste community for the state of Chhattisgarh. Hence, it is
prayed that impugned order dated 27.11.2025 be set aside and this Court
may declare that by virtue of the notification in official gazette dated
12.08.2023, petitioner is entitled to be declared to belong to the member of
Schedule Caste community " Mahra " for all purpose and entitled to get all
consequential benefits including his service/employment benefits under the
State. In support of his contention, learned counsel places reliance upon the
decision of High Court of the Karnataka (Dharwad Bench) in case of
Parushuram versus The Deputy Commissioner & Chairman, District
Caste Verification Committee, Dharwad & Ors, (2020) SCC Online Kar
3421.
3. Per contra, learned State Counsel opposes to grant the relief sought by
the petitioner in this writ petition.
4 . Heard learned counsel for the parties and perused the material
available on record.

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5. Relevant portion of decision of High Court of the Karnataka in case of
Parushuram (supra) reads as under:
“ 24 . In the light of the aforesaid discussion, my findings and
conclusions on the aforesaid points that arise for
consideration can be summarized as hereunder:
i) A clarificatory, elucidatory, declaratory or explanatory
statutory amendment operates retrospectively and is
retrospective in nature and any such amendment relates
back to the date of the original enactment;
ii) A Presidential Order and Notification issued under
Articles 341(1) and 342(1) of the Constitution of India
can be varied, amended, altered or modified only by a
Law by the Parliament exercising powers under Articles
341(2) and 342(2) of Constitution of India;
iii) A clarificatory, elucidatory, declaratory or explanatory
amendment by the law of the Parliament exercising
powers under Articles 341 (2) or 342(2) of the
Constitution of India varying the original Presidential
order and Notification of the year 1950 issued under
Articles 341(2) and 342(2) of the Constitution of India is
retrospective in nature and any such amendment relates
back to the date of the original presidential order and
Notification of the year 1950;
iv) The Constitution (Scheduled Tribes) Order
(Amendment) Act 2012, (Annexure L) to the Constitution
(Scheduled Tribes) Presidential order, 1950 whereby in
Entry No.37 of Part VI relating to State of Karnataka, the
word 'Medara' is inserted after the words Meda in the
very same Entry No.37 is retrospective in nature and the
said amendment relates back to the date of the original
Presidential Order and Notification of the year 1950.
xxxx xxxx xxxx
26. It is brought to my notice that despite the decision of
the Full Bench of this Court in Jayanna's case, (supra), the

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State Government is not implementing or giving effect to
Amendment Acts by the Parliament exercising powers under
Articles 341(2) and 342(2) of the Constitution of India in
respect of other scheduled castes and tribes despite the said
amendments being merely clarificatory, elucidatory,
declaratory or explanatory amendments which are
retrospective in nature and operate retrospectively and relate
back to the date of the original Presidential Notification of the
year 1950. Under these circumstances, I deem it fit and
proper to issue suitable directions to the State Government
in this regard.”
27. xxxx xxxx xxxx
i. xxxx xxxx xxxx
ii. xxxx xxxx xxxx
iii It is declared that by virtue of The Constitution
(Scheduled Tribe) Order (Amendment) Act, 2012 at
Annexure-L, the ‘Medara’ community inserted in Entry No.37
of Part VI of the Constitution (Scheduled Tribes) Presidential
Order, 1950 dated 06.-09-1950 is deemed to be a Scheduled
Tribe retrospectively with effect from the said date of the said
Presidential Order, 1950;
iv. xxxx xxxx xxxx
v. xxxx xxxx xxxx
vi. xxxx xxxx xxxx
6. Considering facts of the case, nature of relief, submissions of counsel
for the parties, change of circumstances, particularly the fact that respondent-
State vide its circular dated 06.01.2022 have recommended to include the
Mahar/Mahara/Mahra/Mehra as Schedule Caste of the Chhattisgarh State,
which was duly notified by the Government of India vide notification in official
gazette dated 12.08.2023 and same has been adopted by the State of
Chhattisgarh on 04.09.2023, further considering the decision of High Court of
the Karnataka in case of Parushuram (supra) , this Court is inclined to allow
the instant writ petition.

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7. Accordingly, instant writ petition is allowed. Impugned order dated
27.11.2025 (Annexure P-14) is hereby set-aside. Matter is remanded back to
the concerned Authority/respondent No.3 to decide the case of the petitioner
afresh on its own merits in accordance with law and as per above
observation/discussion, within ‘ 45 days’ from the date of receipt of copy of
this order.
8. Pending interlocutory application(s), if any, stands disposed of.
Sd/-
(Naresh Kumar Chandravanshi)
Judge
Bini