Rajasthan High Court
Suman W/O Shri Sube Singh D/O Vidya ... vs State Of Rajasthan on 23 July, 2021
Bench: Ashok Kumar Gaur
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 6921/2021
Suman W/o Shri Sube Singh D/o Vidya Nand, Aged About 35
Years, R/o Village- Amarsar, Tehsil Buhana, District Jhunjhunu
(Raj.) ----Petitioner
Versus
1. State Of Rajasthan, Through Secretary Department Of
Personnel, Secretariat, Jaipur.
2. District Collector, Jhunjhunu.
3. Sub Divisional Magistrate, Buhana, District Jhunjhunu.
4. Tehsildar, Buhana, District Jhunjhunu. --Respondents
For Petitioner(s) : Mr. Sudhir Yadav, Adv.
For Respondent(s) : Mr. Akshay Sharma, Addl. G.C.
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR
Order
23/07/2021
The controversy in the present writ petition is in respect of
grant of Economically Weaker Section Certificate in favour of the
petitioner after ascertaining income of the petitioner.
Learned counsel for the petitioner submitted that the State
Government itself has issued circular dated 10.02.2020 and
according to them, the Authorities are required to consider the
application of the petitioner for grant of such certificate.
Both the learned counsel for the parties submitted that this
Court in S.B. Civil Writ Petition No.2293/2021 (Santosh
Versus State of Rajasthan & Ors.) and other connected writ
petitions, by common order dated 15.03.2021, has disposed of the
(2 of 4) [CW-6921/2021]
writ petitions on the basis of judgment in S.B. Civil Writ Petition
No.1155/2021 (Sunita Kumari Vs State of Rajasthan & Ors.).
The operative portion of the order passed by this Court in the
case of Santosh Versus The State of Rajasthan & Ors. (supra), is
reproduced as under:-
"Learned Additional Govt. Counsel Mr.Akshay
Sharma appearing for the respondents submitted
that this Court in S.B. Civil Writ Petition
No.1155/2021 Sunita Kumari vs. State of
Rajasthan & Ors. and other connected writ
petitions, decided by a common order dated
15.02.2021 has considered the similar issue and
directions have been given to the Sub Divisional
Magistrate to carry out the necessary enquiry as
required under the law. The order passed in the
case of Sunita Kumari (supra) is quoted as
hereunder:-
"These writ petitions are being decided
by this common order as the
controversy involved in the writ
petitions is same.
The petitioners in these writ petitions
have sought direction against the State-
Authorities to issue them economically
weaker sections certificate by taking
into account income and assets of the
persons to be eligible for grant of such
certificate as per circular issued by
Department of Personnel, State of
Rajasthan dated 10.02.2020.
Learned counsel for the petitioners
submitted that the instructions have
been issued as per circular dated
10.02.2020 in respect of persons who
have migrated from other States and
who want to get certificate of EWS
category for the purpose of
employment in the State of Rajasthan.
Learned counsel for the petitioners
submitted that the applications were
submitted by the petitioners in some of
the cases, the applications were
returned back by Competent Authority-
SDO and as such applications are not
considered as per circular dated
10.02.2020.
(3 of 4) [CW-6921/2021]
Learned counsel for the petitioners
submitted that Coordinate Bench of this
Court in S.B. Civil Writ Petition
No.322/2020 (Smt. Neetu Kumari
Versus State of Rajasthan) has also
considered the issue of grant of EWS
certificate after ascertaining the income
and this Court has directed that the
concerned Sub Divisional Magistrate
who carryout the necessary enquiry as
required under the law and persons if
found eligible to such certificate, the
same may be issued within a period of
one month from the date of receipt of
the application filed therein.
Learned counsel appearing for the
petitioners does not dispute that the
Government has already issued the
circular dated10.02.2020 and as such
the Competent Authority is required to
look into the application filed by any
applicant and after following the
procedure as prescribed in the circular,
the Authorities are competent to issue
certificate of EWS category.
I have heard the submissions made by
learned counsel for the petitioner.
This Court finds that the circular dated
10.02.2020 has laid down the
procedure as how certificate to a
candidate belonging to EWS category is
to be granted after satisfying the
requirement of getting certificate from
Competent Officer, SDM or equivalent
rank of the Migrating State, duly
verified about income of the persons.
This Court further finds that Coordinate
Bench has also given similar directions
to the candidates to make application
before the Sub Divisional Magistrate,
who has to carry out necessary enquiry
as required under the law.
Accordingly, these writ petitions are
disposed of with direction to the
petitioners to make an application
before the concerned Sub Divisional
Magistrate, who shall carry out the
necessary enquiry as required under
(4 of 4) [CW-6921/2021]
the law and if petitioners are found
entitled for EWS certificate, the same
may be issued within a period of one
month from the date of receipt of the
application. The Competent
Authority is required to look into the
entitlement of the candidates for the
purpose of issuing certificate in EWS
category and this certificate is not in
relation to any caste or category.
This Court also makes it clear that the
observations of this Court in respect of
grant of EWS certificate, will not have
any bearing on entitlement of the
petitioners to get benefit except that
issuance of certificate will be in
pursuance of circular issued by the
State Government.
A copy of this order be separately
placed in each petition."
Learned counsel for the petitioners submitted
that the dispute with regard to entitlement of the
petitioners for reservation is strictly required to be
decided by the Authorities as per circular issued by
the Department of Personnel, Government of
Rajasthan dated 10.02.2020.
This Court in the case of Sunita Kumari
(supra) has already given direction to the
petitioners therein to make application before the
concerned SDM and he is required to carry out the
necessary enquiry and if persons are found entitled
for EWS category, the same is required to be
issued.
The writ petitions are also disposed of in the
terms of order passed in the case of Sunita Kumari
(supra) and directions therein will be followed by
the concerned SDM in the present writ petitions as
well."
Accordingly, this writ petition is also disposed of in terms of
order passed in the case of Sunita Kumari Vs. The State of
Rajasthan & Ors. (supra) and directions therein will be followed by
the concerned SDM in the present writ petition as well.
(ASHOK KUMAR GAUR),J
Ramesh Vaishnav /86/Himanshu Soni 73
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