Shakuntala vs State Of Rajasthan
2022 Latest Caselaw 4725 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 4102/2022

Shakuntala W/o Deepak Kumar Salvi D/o Shri Mishri Lal, Aged About 28 Years, Village Marjeevi, Tehsil Nimbaheda, District Chittorgarh, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through Secretary, Department Of Education, Government Of Rajasthan Secretariate, Jaipur.

2. Secretary, Rural Development And Panchayati Raj, Government Of Rajasthan, Secretariat, Jaipur.

3. The State Of Rajasthan, Through Its Principal Secretary, Department Of Revenue, Secretariat, Jaipur.

4. Director, Directorate, Primary Education, Bikaner, Bikaner.

5. Collector, District Chittorgarh.

6. Sub Divisional Officer, Nimbaheda, District Chittorgarh.

7. Tehsildar, Tehsil Nimbaheda, District Chittorgarh.

----Respondents

For Petitioner(s) : Mr. VLS Rajpurohit. For Respondent(s) : Mr. Pankaj Sharma, AAG.

HON'BLE MR. JUSTICE ARUN BHANSALI

Order

29/03/2022

This writ petition has been filed by the petitioner seeking a

direction to the respondents to consider the candidature of the

petitioner in the category of SC for recruitment to the post of

Teacher Grade -III (Level-1) pursuant to notification no. 1/2021

dated 31.12.2021.

It is, inter alia, indicated in the petition that petitioner is

resident of Nimbahera, Chittorgarh on account of her marriage

with Deepak Kumar Salvi. Originally, the petitioner is from Madhya

Pradesh wherein the caste of the petitioner is in SC and that the

(2 of 2) [CW-4102/2022]

caste of the petitioner i.e. Balai is also recognized as SC in the

State of Rajasthan.

Submissions have been made that though the petitioner

filled up her application form indicating her status as SC category,

however, as she also indicated that she was married woman and

migrated from other State to Rajasthan after marriage, her

category automatically changed from SC to General.

Submissions have also been made that as the caste of the

petitioner is included in the list of SC in State of Madhya Pradesh

and Rajasthan both, the petitioner is entitled to be considered as a

candidate belonging to SC category.

Learned AAG made submissions that the issue raised is no

more res integra as Hon'ble Supreme Court in Ranjana Kumari v.

State of Uttarakhand & Ors.: (2019) 15 SCC 664 has, inter alia,

laid down as under:-

"Two Constitutional Bench judgments of this Court in Marri Chandra Shekhar Rao vs. Seth G.S. Medical College and Action Committee on Issue of Caste Certificate to Scs/Sts v. Union of India have taken the view that merely because in the migrant State the same caste is recognized as Scheduled Caste, the migrant cannot be recognised 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 and Action Committee."

In view of the concluded legal position, the petition deserves

dismissal.

Having considered the submissions made by learned counsel

for the parties and after going through the judgment in the case of

Ranjana Kumar (supra), no case is made out by the petitioner, the

petition is, therefore, dismissed.

(ARUN BHANSALI),J 52-sumer/-

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