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Sunita vs State Of Rajasthan
2021 Latest Caselaw 5839 Raj

Citation : 2021 Latest Caselaw 5839 Raj
Judgement Date : 1 March, 2021

Rajasthan High Court - Jodhpur
Sunita vs State Of Rajasthan on 1 March, 2021
Bench: Pushpendra Singh Bhati
       HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                        JODHPUR
                S.B. Civil Writ Petition No. 14409/2018

 Sunita D/o Manohar Lal, w/o Suresh Kumar, aged about 38
 years, resident of Ward no.11, Ajeetpura, Tehsil Bhadra, District
 Hanumangarh.
                                                                            ----Petitioner
                                           Versus
 1.      State Of Rajasthan, Through The Secretary, Department
         Of Social Justice, Government Of Rajasthan, Secretariat,
         Jaipur (Raj.).
 2.      District Collector, Hanumangarh.
 3.      Sub-divisional Magistrate, Bhadra.
                                                                       ----Respondents


 For Petitioner(s)              :       Mr. Jogendar Singh for Mr. Moti Singh
 For Respondent(s)              :       Mr. Ram Dayal Choudhary



       HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                          Order

01/03/2021

       In wake of onslaught of COVID-19, abundant caution is being

taken while hearing the matters in Court.

       Mr.    Ram   Dayal           Choudhary,        learned         counsel       for   the

respondents submits that the controversy involved in the present

writ petition is no more res-integra as it is covered by the

judgment rendered by this Court in the case of Kavita Devi Vs.

State    of    Rajasthan            &    Ors.     (S.B.      Civil         Writ   Petition

No.3911/2020), decided on 12.01.2021, relevant portion reads

as under :-


      "So it is clear that the petitioner is not entitled for
      reservation   in     public        employment         in       the    State    of


                         (Downloaded on 02/03/2021 at 09:31:43 PM)
                                                                                                       (2 of 2)


                                       Rajasthan       being      the    resident      of    State       of      Punjab,
                                       however, she can get the other benefits as being an SC
                                       on the strength of the certificate if the scheme envisages
                                       domicile or residence as entitlement.
                                              In view of the above discussion, the writ petition is
                                       allowed. The respondent No.2 Sub Divisional Magistrate,
                                       Bhadra, District Hanumangarh is directed to issue only a
                                       caste certificate to the petitioner with clarification that
                                       this   certificate    is    not    for    taking      benefit        in    public
                                       employment in the State of Rajasthan, within a period of
                                       one week from the date of submission of certified copy of
                                       this order. "

                                        In view of the aforequoted judgment, the present writ

                                   petition is allowed in the same terms and the respondent no.3

                                   Sub-divisional      Magistrate        Bhadra,       District        Hanumangarh         is

                                   directed to issue only a caste certificate to the petitioner, with

                                   clarification that said certificate shall not be valid for the purpose

                                   of public employment in the State of Rajasthan, within a period of

                                   15 days from the date of submission of certified copy of this order.



                                                                    (DR.PUSHPENDRA SINGH BHATI),J.

Sudheer/-

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