Rajasthan High Court
Preeti Yadav D/O Dharmbir, W/O ... vs State Of Rajasthan on 28 July, 2021
Bench: Ashok Kumar Gaur
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
(1.) S.B. Civil Writ Petition No. 6363/2021
Rajesh Devi W/o Shri Pawan Kumar Yadav, D/o Shri Karan Singh,
Aged About 27 Years, Resident Of Ulaheri, Tehsil - Mundawar,
Chandpur, Distt - Alwar, Rajasthan - 301407.
----Petitioner
Versus
1. State Of Rajasthan, Through Chief Secretary, Government
Secretariat, Jaipur, Rajasthan.
2. District Collector, District Alwar, Rajasthan.
3. Sub-Divisional Magistrate, Mundawar, District Alwar,
Rajasthan.
4. Tehsildar Mundawar, Tehsil Mundawar, District Alwar,
Rajasthan.
----Respondents
Connected With
S.B. Civil Writ Petition No. 6368/2021
Maneesha W/o Shri Jitendra Kumar D/o Shri Ramesh Chand,
Resident Of Ulaheri, Tehsil - Mundawar, Chandpur, Distt. - Alwar,
Rajasthan - 301407.
----Petitioner
Versus
1. State Of Rajasthan, Through Chief Secretary, Government
Secretariat, Jaipur, Rajasthan.
2. District Collector, District Alwar, Rajasthan.
3. Sub-Divisional Magistrate, Mundawar, District Alwar,
Rajasthan.
4. Tehsildar Mundawar, Tehsil Mundawar, District Alwar,
Rajasthan.
----Respondents
(2.) S.B. Civil Writ Petition No. 7320/2021
Preeti Yadav D/o Dharmbir, W/o Shri Vikash Yadav, Aged About
24 Years, Resident Of Village Hadahedi, Tehsil Mundawar,
District Alwar, Rajasthan.
(2 of 4) [CW-6363/2021]
----Petitioner
Versus
1. State Of Rajasthan, Through Secretary, Department Of
Personnel, Secretariat, Jaipur.
2. Principal Secretary, Social Justice And Empowerment
Department, State Of Rajasthan, Secretariat, Jaipur,
Rajasthan.
3. District Collector Alwar, District Alwar, Rajasthan.
4. S.d.o. Mundawar, District Alwar, Rajasthan.
5. Tehsildar, Mundawar, District Alwar, Rajasthan.
6. District Collector Rewari, District Rewari, Haryana.
7. Tehsildar, Dharuheda, District Rewari, Harayana
----Respondents
For Petitioner(s) : Ms.Mahi Yadav, Adv.
Mr.Sanjay Yadav, Adv. (SBCWP
No.7320/2021).
For Respondent(s) : Mr.Anil Mehta, AAG with Mr.Yashodhar
Pandey, Adv.
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR
Order
28/07/2021
The issue involved in these writ petitions is identical in
nature, hence, these are decided by a common order.
The present writ petitions have been filed by the
petitioners for seeking a direction to issue OBC Certificate in their
favour as they have migrated to Rajasthan after their marriage
and they were of OBC category in their parent State & they are
also OBC in Rajasthan.
Learned counsel for the parties informed this Court that
the issue relating to caste certificate has elaborately been decided
(3 of 4) [CW-6363/2021]
by the judgment dated 18.09.2018 passed by the Division Bench
of this Court in D.B. SAW No.1116/2018 (State of Rajasthan
& Ors. Vs. Smt.Manju Yadav & Ors.).
Learned counsel for the parties further informed this
Court that a Coordinate Bench of this Court, in S.B. Civil Writ
Petition No.11093/2020 (Prem Devi Vs. State of Rajasthan
& Ors.) vide order dated 24.09.2020, has also decided the issue
of grant of caste certificate in favour of SC/ST & OBC candidates
to consider them for the purpose of Panchayat Election by giving
the benefit of reservation.
This Court finds that the Division Bench of this Court in
the case of Manju Yadav (supra) has clearly held that females
outside the State of Rajasthan on migrating to the State of
Rajasthan after marriage may not be entitled to the benefit of
reservation in public employment in the State of Rajasthan on
account of being member of SC/ST or OBC in another State,
however, these ladies can be entitled for issuance of SC/ST/OBC
caste certificate.
This Court finds that in the case of Prem Devi (supra),
following direction has been given by the Court for issuance of
caste certificate, which read as under:-
"15. In view of the above discussion, all these petitions
are disposed of in following manner:-
(i) The prayer of the petitioners for claiming
the benefit of reservation in ongoing
Panchayat Elections is hereby declined.
(ii) For issuance of caste certificate, the
petitioners are at liberty to apply before the
competent authority (concerned Sub-
Divisional Magistrate) who shall expeditiously
dispose of their application(s) after following
due procedure and in case of rejection of the
(4 of 4) [CW-6363/2021]
application, the petitioners may take
available legal recourse.
(iii) In order to avoid any sort of confusion,
to prevent misuse of caste certificates and to
ensure clarity in issuing the certificates in
favour of the persons who have migrated
from other States to the State of Rajasthan,
a note shall be prominently appended to
such caste certificates as under:-
(a) On the basis of this certificate, the
migrated person shall not be entitled to claim
benefit of reservation in public employment
and elections including Panchayat Elections.
(b) This certificate has been issued only for
the limited purpose of claiming benefits
specifically made available for such migrant
persons in Government Schemes.
(c) Some other clarification may also be
appended as deemed necessary.
(iv) Interim orders are vacated and stay
applications stand disposed of."
This Court finds that the issue involved in the present
writ petitions is no more res-integra.
Accordingly, the present writ petitions stand disposed of
in terms of the judgment passed in the case of Prem Devi (supra).
The observations/directions therein will be followed by the
respondents while considering the case of the petitioners for grant
of caste certificate.
A copy of this order be placed in each connected
petition.
(ASHOK KUMAR GAUR), J
Himanshu Soni/Parul/4-5 & 17
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