Patna High Court
Abhishek RajversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANIL KUMAR SINHA
Holding
The writ application is dismissed, and the petitioner is directed to approach the District‑level Caste Scrutiny Committee for a determination.
Summary
The petitioner, Abhishek Raj, sought a writ to quash the order dated 04‑05‑2022 of the Sub‑Divisional Officer (SDO) that rejected his application for a Scheduled Tribe (ST) caste certificate. He claimed membership in the Kharwar community, an ST, but the Circle Officer rejected his claim on the basis that the revenue records (khatian) listed his caste as Kamkar. The State argued that such disputes should be referred to the District‑level Caste Scrutiny Committee, headed by the District Magistrate, which is empowered to examine and pass a reasoned order. The Court considered whether the SDO’s order could be set aside and whether the petitioner was entitled to a certificate despite the khatian entry. It held that the writ could not be entertained at this stage and directed the petitioner to file a detailed petition before the District‑level Caste Scrutiny Committee within three weeks, with the Committee required to decide within two months. Accordingly, the writ application was disposed without granting the relief sought.
Issues considered
- Whether the order of the Sub‑Divisional Officer rejecting the petitioner’s ST caste certificate can be quashed by a writ.
- Whether the petitioner is entitled to an ST caste certificate despite the khatian indicating a different caste.
- Whether the dispute should be referred to the District‑level Caste Scrutiny Committee for a reasoned decision.
Subjects
- caste certificate
- Scheduled Tribe
- writ jurisdiction
- administrative law
- caste verification
- District‑level Caste Scrutiny Committee
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15993 of 2025
======================================================
Abhishek Raj Son of Dina Nath Prasad Resident of Mohalla- Ward no.- 09,
Chhawahi Khas, P.S- Majhagarh, District- Gopalganj.
... ... Petitioner/s
Versus
1. The State of Bihar through the Sub Divisional Officer, Gopalganj
2. The Circle Officer Majha, District- Gopalganj
3. The District Magistrate, Gopalganj.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar Singh, Adv.
For the Respondent/s : Mr. Government Pleader (22)
: Mr. Narendra Kumar Singh, Ac to Gp22
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 31-01-2026 1. The petitioner has filed the present writ application
for quashing the order dated 04.05.2022 passed by S.D.O.,
Majha, Gopalganj, by which application for grant of ST caste
certificate of the petitioner has been rejected.
2. Mr. Sameer Kumar, learned counsel appearing for
the petitioner, argued that petitioner belongs to the Kharwar
Community which is a Schedule Tribe (ST) community and
applied for grant of ST certificate before the competent
authority, i.e., Circle Officer, Majha, on 17.02.2022. The Circle
Officer, Majha, rejected the request of the petitioner for grant of
certificate on the ground that in the survey khatian, the caste of
the petitioner has been mentioned as Kamkar, and since the
basis of issuance of caste certificate is the khatian as such,
petitioner is not entitled for caste certificate of ST category as
per his claim that he belongs to the Kharwar Community on the
basis of the report submitted by the Circle Officer to the S.D.O..
Patna High Court CWJC No.15993 of 2025(2) dt.31-01-2026
2/2
The S.D.O., Gopalganj, refused to issue the caste certificate of
ST category in favor of the petitioner.
3. Learned counsel for the State, on the other hand,
argued that the District-level Caste Scrutiny Committee has
been constituted headed by the District Magistrate, accordingly,
the claim of the petitioner may be referred to the District-level
Caste Scrutiny Committee which shall consider the claim of the
petitioner and pass a reasoned and speaking order.
4. Considering the submissions made by the parties,
this writ application is disposed with liberty to the petitioner to
file a detailed petition before the District-level Caste Scrutiny
Committee headed by District Magistrate, Gopalganj, within a
period of 3 weeks. If such a petition is filed before the District-
level Caste Scrutiny Committee, the committee is directed to
dispose the same in accordance with law within a period of two
months from the date of filing of the petition.
5. With the aforesaid direction and observation, the
present writ application is disposed.
(Anil Kumar Sinha, J)
HarshPandey/-
U
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