Rajasthan High Court - Jodhpur
Swati vs State Of Rajasthan ... on 9 February, 2023
Bench: Pushpendra Singh Bhati
[2023/RJJD/004620] (1 of 3) [CW-9944/2018]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 9944/2018
Swati D/o Jagram, W/o Narsh, Aged About 25 Years, Village
Ganga Singh Pura, Post Dobhi, Tehsil Bhadra, District
Hanumangarh (Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through Its Secretary, Department Of
Education, Government Secretariat, Jaipur, Rajasthan.
2. The Director, Elementary Education, Rajasthan, Bikaner.
----Respondents
For Petitioner(s) : Mr. Hanuman Singh
For Respondent(s) : Mr. Pankaj Sharma, AAG with
Mr. Deepak Chandak
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
09/02/2023
Learned Additional Advocate General appearing on behalf of
the respondents fairly submits that the controversy involved in the
present writ petitions is no more res-integra and it is covered by
the decision rendered by the Division Bench of this Hon'ble Court
in Anita Vs. State of Rajasthan & Ors.; D.B. Civil Special
Appeal (Writ) No.86/2021 on 21.10.2021. The relevant portion
of the order reads as follows:
"We have heard learned counsel for the
parties and perused the documents.
The issue of carrying caste certificate by a
person belonging to reserved category upon
migration from one State to another State is
settled by a judgment of Supreme Court in case of
Marri Chandra Shekhar Rao Vs. Seth G.S. Medical
[2023/RJJD/004620] (2 of 3) [CW-9944/2018]
College [(1990) 3 SCC 130] and it is concluded by
a Constitutional Bench judgment in case of
Ranjana Kumari Vs. State of Uttarakhand & Ors.
[(2019) 15 SCC 664]. The following observations
were made in para 4 of the judgment:
"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
recognised 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
respondents were justified perfectly justified in
terminating services of the appellant- petitioner
after giving opportunity of hearing.
Learned counsel for the appellant-
etitioner, however, raised a strange argument
that the judgment must be applied prospectively.
It is well-settled that decision of Supreme Court
clarifies the correct position of law and in
terms of Article 141 of the Constitution of India
becomes a law of land and would be applicable to
all pending cases.
In the result, the appeal is dismissed."
From the record, it is admitted that the migrated person
cannot be given reservation, which is on the basis of his caste
certificate in the other State.
[2023/RJJD/004620] (3 of 3) [CW-9944/2018]
In light of the aforequoted order, this writ petition is
dismissed in the same terms. All pending applications also stand
disposed of.
(DR.PUSHPENDRA SINGH BHATI),J
181-Zeeshan
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