Sushma Ramteke vs Rrvunl Jaipur And Anr
2022 Latest Caselaw 12292 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 9613/2016

Sushma Ramteke D/o Shri Kishanrao Ramteke W/o Shri ranjeet Nagdeve, Aged about 38 years, By caste Mahar (Scheduled Caste), Resident of C.C.B.F. Colony, 32 P.B.N., Suratgarh, District Sri Ganganagar (Rajasthan).

----Petitioner Versus

1. The Rajasthan Rajya Vidhyut Utpadan Nigam Limited through its Managing Director, Vidhyut Bhawan, Janpath Jyoti Nagar, Jaipur.

2. The Jaipur Vidhyut Vitaran Nigam Limited through its Chief Personnel Officer, Jaipur (Rajasthan).

----Respondents

For Petitioner(s) : Mr. Sandeep Vishnoi For Respondent(s) : Mr. Vipul Dharnia

HON'BLE MS. JUSTICE REKHA BORANA

Order

13/10/2022

The present petition has been filed aggrieved of non-

consideration of the candidature of the petitioner in the category

of SC (Women) qua the advertisement dated 20.10.2013.

The case of the petitioner is that she and her husband both

belong to Schedule Caste category as classified by the

Government of Maharashtra. The petitioner applied in pursuance

to the advertisement dated 20.10.2013 in the State of Rajasthan

and claimed that she may be considered in the category of

Schedule Caste (Women) by virtue of the caste certificate issued

by the Government of Maharashtra.

(2 of 2) [CW-9613/2016]

The issue as to whether a Schedule Caste category candidate

classified to be such by one State can claim the benefit of

reservation of Schedule Caste in another State is no more res

integra.

While relying upon the judgment passed by the Hon'ble Apex

Court in the case of Bir Singh Vs. Delhi Jal Board & Ors. : Civil

Appeal No.1085/2013 the Division Bench of this Court in the

case of State of Rajasthan & Ors. vs. Smt. Manju Yadav &

Anr. : D.B. Special Appeal Writ No.1116/2018 decided on

18.09.2018 held as under:

"3. In view of the Constitution Bench judgment delivered by the Supreme Court on 30.08.2018 in CA No.1085/2013 : Bir Singh Vs. Delhi Jal Board & Ors. and connected appeals, the issue of public employment has attained finality. A member of a Scheduled Caste or Schedule Tribe or OBC in a particular State cannot avail benefit of reservation in another State. Issue of benefit of Union Territories decided by the Constitution Bench is irrelevant for public employment in the State of Rajasthan."

In view of the ratio as laid down in the case of Bir Singh

(supra) and Manju Yadav (supra), this Court is not inclined to

interfere in the present petition and the same is therefore,

dismissed.

All the pending applications stand disposed of.

(REKHA BORANA),J 27-AbhishekS/-

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