Poonam vs State Of Rajasthan
2022 Latest Caselaw 7599 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 6643/2022

Poonam W/o Late Sunil Kumar D/o Jai Chand, Aged About 48 Years, House No.11, Ward No.22, Second Block Purani Aabadi, Sri Ganganagar, Tehsil And District Sri Ganganagar (Raj.).

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary Department Of Personnel, Secretariat, Jaipur.

2. District Collector, Sri Ganganagar.

3. Sub Divisional Magistrate, Sri Ganganagar, District Sri Ganganagar.

4. Tehsildar Sri Ganganagar, District Sri Ganganagar.

----Respondents

For Petitioner(s) : Mr. Inderjeet Yadav For Respondent(s) : Ms. Abhilasha Bora

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

20/05/2022

This writ petition has been filed by the petitioner being

aggrieved with the action of the respondent - Sub Divisional

Magistrate, Sri Ganganagar, District Sri Ganganagar (for short "the

SDM") whereby, the application filed by the petitioner for issuing

certificate declaring her as member of Economically Weaker

Section (EWS) of the State of Rajasthan, has been rejected.

Learned counsel for the petitioner has submitted that the

controversy involved in this writ petition is squarely covered by

the decision of a Coordinate Bench of this Court at Jaipur rendered

in Kavita Yadav Vs. State of Rajasthan and Ors. (SB Civil

(2 of 2) [CW-6643/2022]

Writ Petition No.11771/2021) and other connected matters

decided on 11.11.2021.

Learned counsel appearing on behalf of the respondents

Ms. Abhilasha Bora is not in position to dispute the fact that the

controversy involved in this petition is squarely covered by the

decision of a Coordinate Bench of this Court at Jaipur rendered in

Kavita Yadav's case (supra) and other connected matters.

In view of the above, this writ petition is disposed of with

liberty to the petitioner to file a fresh application before the SDM

concerned for issuing a certificate declaring her as member of the

EWS. The SDM shall carry out the necessary enquiry as required

under the law and if the petitioner is found entitled for EWS

certificate, the same may be issued within a period of one month

from the date for receipt of the application. The Competent

Authority is required to look into the entitlement of the candidate

for the purpose of issuing certificate in EWS category but the

same shall not be in relation to any caste or category.

However, it is made clear that the observations of this Court

in respect of grant of EWS certificate, will not have any bearing on

entitlement of the petitioner to get benefit except that issuance of

certificate will be in pursuance of circular issued by the State

Government.

Stay petition is also disposed of.

(VIJAY BISHNOI),J

73-AjaySingh/-

Powered by TCPDF (www.tcpdf.org)