Kamlesh vs State Of Rajasthan (2025:Rj-Jd:630)
2025 Latest Caselaw 3774 Raj

Rajasthan High Court - Jodhpur

Kamlesh vs State Of Rajasthan (2025:Rj-Jd:630) on 6 January, 2025

Author: Dinesh Mehta

Bench: Dinesh Mehta

[2025:RJ-JD:630]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 21763/2024

Kamlesh D/o Shri Jaivir Singh W/o Shri Naresh Kumar, Aged About 35 Years, R/o Vpo Gagor, Post Office Dokwa, Tehsil Rajgarh, District Churu, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through Secretary, Medical And Health Department, Government Of Rajasthan Secretariat, Jaipur.

2. The Director, State Institute Of Health And Family Welfare, Jhalna Institutional Area, Near Doordarshan Kendra, Jaipur.

----Respondents

For Petitioner(s) : Mr. Sushil Bishnoi For Respondent(s) : Mr. Tanuj Jain for Mr. Mukesh Dave, AGC

JUSTICE DINESH MEHTA

Order

06/01/2025

1. The petitioner has been denied appointment under Economic

Weaker Section (hereinafter referred to as 'EWS') category on the

ground that she is an original resident of State of Haryana.

2. While arguing that EWS reservation is not a caste based

reservation, learned counsel submitted that the judgment of

Hon'ble the Supreme Court in the case of Ranjana Kumari vs.

State of Uttarakhand, reported in (2019) 15 SCC 664 will not be

applicable in the present case.

3. Learned counsel for the petitioner relied upon the judgment

dated 21.09.2022 passed by this Court in the case of Aman

[2025:RJ-JD:630] (2 of 2) [CW-21763/2024]

Kumari vs. State of Rajasthan & Ors., (S.B. Civil Writ Petition

No.7512/2022) and prayed that petitioner's petition be allowed.

4. Mr. Jain, learned counsel appearing for the respondents could

not dispute the aforesaid position of facts and law and submitted

that the State has preferred an appeal in similar case being

Special Appeal (writ) No.1248/2024.

5. Be that as it may.

6. Since, the order passed in case of Aman Kumari (supra) has

attained finality, sans any challenge thereto, the present writ

petition is allowed.

7. The respondents are directed to accord appointment to the

petitioner, if she is otherwise eligible and meritorious, obviously

while considering her to be a candidate of EWS category.

8. Needful be done within a period of three months from today.

9. Stay application stands disposed of, accordingly.

(DINESH MEHTA),J 16-raksha/-Court No.8

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