Augnish Kumari D/O Sh. Ved Prakash ... vs The State Of Rajasthan
2021 Latest Caselaw 992 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

               S.B. Civil Writ Petition No. 12842/2020

Augnish Kumari D/o Sh. Ved Prakash W/o Veer Singh, Aged
About 28 Years, R/o 103 Panjabi Mohalla, Kalgaon, District Alwar,
Rajasthan.
                                                                    ----Petitioner
                                    Versus
1.       The State Of Rajasthan, Through Its Principal Secretary,
         Panchayati Raj Department, Government Of Rajasthan,
         Secretariat, Jaipur.
2.       The Director, Elementary Education, Rajasthan, Bikaner.
                                                                 ----Respondents

For Petitioner(s) : Mr. Balkishan Saini For Respondent(s) : Mr. Bharat Saini, AGC

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

Order

30/01/2021

Admittedly, the petitioner is of Yadav community and belongs

to the State of Haryana married to a person in Rajasthan,

however, would not give her status of OBC in Rajasthan in terms

of judgment passed by the Supreme Court in the case of Bir

Singh Vs. Delhi Jal Board & Ors. reported in 2018 (10) SCC

312.

Learned counsel facing with the situation submits that

petitioner has to be otherwise treated as general category person

and the respondents ought to have considered her merit in

general category.

It is informed that the waiting list has been published where

person Poonam Kumari with lesser percentage has been given

(2 of 2) [CW-12842/2020]

appointment while the petitioner has not been considered for

appointment.

Keeping in view aforesaid, this writ petition is allowed. The

petitioner shall be treated as a general category candidate as her

OBC certificate cannot be accepted in view of petitioner belonging

to State of Haryana her status would thus be treated as general

category woman. In the circumstances, respondents are directed

to consider the candidature of the petitioner in general category

and if a person lesser in merit in general category has been given

appointment, the petitioner too shall be considered and offered

appointment. If she is otherwise eligible, the exercise shall be

conducted within a period of two months. All consequential

benefits including notional seniority shall be granted to the

petitioner.

(SANJEEV PRAKASH SHARMA),J

NITIN /135

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