Rajasthan High Court - Jodhpur
Mohan Devi vs State Of Rajasthan on 15 November, 2021
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 16525/2019
Mohan Devi W/o Shri Naresh Kumar And Daughter Of Shri
Shalag Ram, Aged About 33 Years, By Caste Shakya Resident Of
Village Kaliyan, Tehsil And District Sriganganagar (Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Home, Secretariat, Jaipur (Raj.).
2. The District Collector (Land Revenue), Sri Ganganagar
(Raj.).
3. The Sub Divisional Magistrate, Tehsil - Sringanganagar,
District Sriganganagar (Raj.).
4. The Tehsildar, Tehsil - Sriganganagar, District -
Sriganganagar (Raj.).
----Respondents
For Petitioner(s) : Mr. Himmat Jagga
For Respondent(s) : Mr. R.D. Bhadu
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
15/11/2021
In wake of second surge in the COVID-19 cases, abundant
caution is being maintained, while hearing the matters in Court,
for the safety of all concerned.
Learned counsel for the petitioner has laid down his case on
merits.
This Court pointed out to the counsel that the question of
migrant of one state person of the same caste cannot be
recognized as migrant of same caste of Migrant State was a
settled principle of the Hon'ble Apex Court as decided in Ranjana
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(2 of 3) [CW-16525/2019]
Kumari Vs. State of Uttarakhand & Ors. (Civil Appeal No(s). 8425
of 2013) on November 01, 2018.
"1. We have heard the learned counsels for the parties
and perused the relevant material.
2. The appellant who belongs to Valmiki caste (Scheduled
Caste) of the State of Punjab married a person belonging
to the Valmiki caste of Uttarakhand and migrated to that
State. In the State of Uttarakhand under the Presidential
Order 'Valmiki' is also recognized as a notified Scheduled
Caste. The State of Uttarakhand issued a certificate to
the appellant.
3. The appellant contended before the High Court that
she was a Scheduled Caste of the State of Uttarakhand.
The High Court having rejected the Signature Not
Verified claim, the appellant is in appeal before us.
Digitally signed by NEETU KHAJURIA Date: 2018.11.13
18:14:43 IST Reason:
4. Two Constitution Bench judgments of this Court in Marri
Chandra Shekhar Rao vs. Dean, Seth G.S. Medical College & Ors .1 and
Action Committee on Issue of Caste Certificate to
Scheduled Castes & Scheduled Tribes in the State of
Maharashtra & Anr. vs. Union of India & Anr.2 have taken the view
that merely because in the migrant State the same caste
is recognized as Scheduled Caste, the migrant cannot be
recognized as Scheduled Caste of the migrant State. The
issuance of a caste certificate by the State of
Uttarakhand, as in the present case, cannot dilute the
rigours of the Constitution Bench Judgments in Marri
Chandra Shekhar Rao (supra) and Action Committee
(supra).
5. We, therefore, find no error in the order of the High
Court to justify any interference. The appeal is
accordingly dismissed."
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(3 of 3) [CW-16525/2019]
Learned counsel for the petitioner though trying to
distinguish his case on facts, but could not refute that the position
of law is same.
This Court, seeing the absolute application of the
aforementioned precedent law, is not inclined to make any
interference in the writ petition and same is accordingly dismissed.
Accordingly, the present writ petition is dismissed. Stay
petition also stands dismissed.
(DR.PUSHPENDRA SINGH BHATI),J.
104-Zeeshan
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