Rajasthan High Court - Jodhpur
Sinu vs The State Of Rajasthan on 16 May, 2022
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 6662/2022
Sinu D/o Shri Lal Chand, W/o Shri Manoj Kumar Kumawat, Aged
About 31 Years, R/o Village Rampura Chirana, Tehsil Nawalgarh,
District Jhunjhunu (Raj.). Presently Residing At D-74 Rico
Colony, Boranada, Jodhpur (Raj.)
----Petitioner
Versus
1. The State Of Rajasthan, Through District Collector,
Jhunjhunu, District Jhunjhunu (Raj.)
2. The Sub Divisional Magistrate, Sub Division Nawalgarh,
District Jhunjhunu (Raj.)
3. The Tehsildar, Tehsil Nawalgarh (Raj.)
----Respondents
For Petitioner(s) : Mr. Rohitash Singh Rathore
For Respondent(s) : Mr. RD Bhadu
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
16/05/2022
This writ petition has been filed by the petitioner being
aggrieved with the action of the respondent No.2 - the Sub
Divisional Magistrate, Sub Division Nawalgarh, Dist. Jhunjhunu
denying to issue OBC category certificate in favour of the
petitioner.
As per the petitioner, she was originally the resident of State
of Haryana, where her caste Kumhar is categorized as OBC. It is
contended that petitioner got married to one Manoj Kumar
Kumawat, resident of village Rampura Chirana, Tehsil Nawalgarh,
District Jhunjhunu, Rajasthan and her husband is also belonging
to OBC category. It is the case of the petitioner that when she
(2 of 4) [CW-6662/2022]
applied before the Sub Divisional Magistrate, Sub Division
Nawalgarh, Dist. Jhunjhunu for issuance of OBC certificate in her
favour, her application was rejected on the ground that as she is
not the resident of State of Rajasthan, therefore, the caste
certificate declaring her to be a member of OBC candidate cannot
be issued in her favour.
Learned counsel for the petitioner has submitted that the
caste of the petitioner i.e. Kumhar is categorized as OBC in the
State of Haryana as also in the State of Rajasthan. Learned
counsel for the petitioner has further submitted that action of the
respondents of not accepting the petitioner's application for
issuing OBC certificate in her favour is illegal and contrary to the
law laid down in the various judgments.
Learned counsel for the petitioner has placed reliance on
the decisions rendered by Division Bench of this Court at
Jaipur Bench in State of Rajasthan Vs. Smt. Manju Yadav
(D.B. Special Appeal (W) No.1116/2018) decided on
18.09.2018, by Single Judge at Jodhpur in Jaspal Kaur Vs.
State of Rajasthan and Ors. (SB Civil Writ Petition
No.1059/2020) decided on 28.01.2020 and by Single Judge
at Jaipur Bench in Santosh Vs. State of Rajasthan & Ors.
(SB Civil Writ Petition No.4713/2020) decided on
20.07.2020.
Learned counsel appearing for the respondents is not in
a position to dispute the fact that the controversy involved in
this writ petition is squarely covered by the above referred
decisions.
(3 of 4) [CW-6662/2022]
Division Bench of this Court in the case of State of
Rajasthan Vs. Smt. Manju Yadav (supra) has held as
under:-
"4. Females outside the State of Rajasthan on
migrating to Rajasthan, post marriage may not be
entitled to the benefit of reservation in public
employment in the State of Rajasthan on account
of being a member of a SC or ST or OBC in another
State.
5. But these ladies would certainly be entitled to
be issued a SC or ST or OBC certificate. For the
reason, apart from reservation in public
employment these certificates may be relevant for
grant of some benefit. For example, it may be a
housing scheme. A migrant lady may claim benefit
on the strength of the certificate if the scheme
envisages domicile or residence as the entitlement
for a house or a flat with reservation provided.
6. Under the circumstances, we find no infirmity
in the directions issued by the learned Single Judge
as to what procedure needs to be followed for grant
of an OBC certificate applied for by a female who
has migrated, post marriage, to the State of
Rajasthan. We make it clear once again. Issue of
public employment and benefit of reservation has
been decided by the Supreme Court and thus our
present order would not be misconstrued as
enabling anybody to the benefit of reservation. The
present order concerns only to the issuance of a
certificate applied for."
(4 of 4) [CW-6662/2022]
This Court reiterated the above referred position of law
in Jaspal Kaur (supra) and Santosh (supra).
So it is clear that the petitioner is not entitled for
reservation in public employment in the State of Rajasthan
being the resident of State of Haryana, however, she can get
the other benefits as being OBC on the strength of the
certificate if the scheme envisages domicile or residence as
entitlement.
In view of the above discussion, this writ petition is allowed.
The respondent No.2- Sub Divisional Magistrate, Sub Division
Nawalgarh, Dist. Jhunjhunu is directed to issue a caste certificate
to the petitioner declaring her OBC with the remark that this
certificate is not for taking benefit in public employment in the
State of Rajasthan, within a period one week from the date of
production of certified copy of this order.
(VIJAY BISHNOI),J
46-mohit/-
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