Asha Kumari W/O Sunil Kumar D/O ... vs State Of Rajasthan (2024:Rj-Jp:32838)
2024 Latest Caselaw 5174 Raj/2

Rajasthan High Court

Asha Kumari W/O Sunil Kumar D/O ... vs State Of Rajasthan (2024:Rj-Jp:32838) on 1 August, 2024

Author: Anil Kumar Upman

Bench: Anil Kumar Upman

[2024:RJ-JP:32838]

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

                 S.B. Civil Writ Petition No. 12648/2024

Asha Kumari W/o Sunil Kumar D/o Haridawari, Aged About 31
Years, R/o Village Gothara, Tehsil Khetri, District Jhunjhunu
(Raj).
                                                                       ----Petitioner
                                       Versus
1.       State Of Rajasthan, Through Secretary, Social Justice And
         Empowerment Department, Secretariat, Jaipur.
2.       District Collector, Jhunjhunu Rajasthan.
3.       Sub Divisional Magistrate, Khetri, District Jhunjhunu,
         Rajasthan.
4.       Tehsildar, Khetri, District Jhunjhunu, Rajasthan.
                                                                    ----Respondents

For Petitioner(s)            :     Mr. Sudhir Yadav
For Respondent(s)            :     Mr. K.P. Mathur, AAG with
                                   Ms. Nikita Gothecha



           HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

                                        Order

01/08/2024

Learned counsel for the petitioner submits that the issue

involved in this writ petition is squarely covered by the

judgment/order dated 15.02.2021 passed by Co-ordinate Bench of

this Court in bunch of writ petitions led by S.B. Civil Writ Petition

No.1155/2021 (Sunita Kumari vs State of Rajasthan & Ors.).

Shri Mathur, Learned AAG appearing for respondents does

not dispute this fact.

In view of above, this writ petition is also disposed of in light

of the order passed in the case of Sunita Kumari (supra). The

petitioner is directed to make an application before the concerned

[2024:RJ-JP:32838] (2 of 2) [CW-12648/2024]

Sub Divisional Magistrate, who shall carry out the necessary

enquiry as required under the law and if petitioner is found

entitled for EWS certificate, the same may be issued within a

period of one month from the date of 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 and this certificate is not in relation to any caste or

category. This Court also makes it 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.

(ANIL KUMAR UPMAN),J

CHARU SONI /92

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