Challenge to caste certificate cancellation must be pursued before the High Level Scrutiny Committee through statutory remedy.

The petitioner was issued an Other Backward Classes (OBC) caste certificate on 13 November 2019 by the Sub-Divisional Officer (Revenue), Manendragarh, District Koriya.

Respondent No. 4 subsequently questioned the petitioner’s social status, pursuant to which the District Level Caste Certificate Scrutiny Committee issued notice dated 18 June 2021 requiring the petitioner to appear and produce supporting documents.

The petitioner appeared and submitted documents. Thereafter, the Committee concluded that he had failed to establish the requisite conditions for claiming OBC status in Chhattisgarh and cancelled his caste certificate by order dated 27 August 2021.

The petitioner challenged the cancellation under Article 226 of the Constitution. During the proceedings, a Coordinate Bench had stayed operation of the cancellation order on 27 September 2021.

The State raised the objection that the petition was not maintainable because the petitioner had an efficacious statutory remedy before the High Level Caste Certificate Scrutiny Committee. The petitioner accepted the availability of that remedy and sought reasonable continuation of interim protection.

Whether the writ petition should be entertained when the petitioner had an efficacious statutory remedy before the High Level Caste Certificate Scrutiny Committee against the order of the District Level Caste Certificate Scrutiny Committee?

Whether the interim protection granted by the Coordinate Bench should continue for a limited period to enable the petitioner to invoke the statutory remedy and seek interim relief before the High Level Committee?

Whether the High Court should examine the merits of the cancellation of the petitioner’s OBC caste certificate in the present proceedings?

The Court applied the statutory scheme under the Chhattisgarh Scheduled Castes, Scheduled Tribes and Other Backward Classes (Regulation of Social Status Certification) Act, 2013, under which an order of the District Level Caste Certificate Scrutiny Committee may be challenged before the concerned High Level Caste Certificate Scrutiny Committee.

It applied the established principle that the High Court ordinarily declines to exercise writ jurisdiction where an efficacious alternative statutory remedy is available, particularly when the petitioner himself is willing to pursue that remedy.

The Court further applied the procedural principle that limited interim protection may be continued to preserve the efficacy of the statutory remedy and to permit the competent authority to consider an application for interim relief.

The Court found that the petitioner had an efficacious statutory remedy before the High Level Caste Certificate Scrutiny Committee and that he had expressly agreed to pursue it.

Accordingly, the Court declined to adjudicate the validity of the District Committee’s cancellation order in the writ petition.

However, recognising that the earlier stay order had protected the petitioner’s position and that immediate withdrawal of protection could undermine the proposed statutory proceedings, the Court permitted the petitioner to file an appeal or petition, together with an application for interim relief, within 15 days from production of the certified copy of the order.

The Court also preserved the earlier interim protection for one month from the date of filing, enabling the High Level Committee to decide the application for interim relief. The Court expressly left all merits open for independent consideration by the High Level Committee.

The petitioner was directed to file the appeal or petition within 15 days and was permitted to seek interim protection therein.

If filed within the prescribed period, the interim order dated 27 September 2021 was directed to remain operative for one month from the date of filing, to allow the High Level Committee to consider the interim-relief application.

The Court expressed no opinion on the merits of the caste-certificate cancellation, and no order as to costs was made.