Rina Kunwar Rajput vs State Of Rajasthan (2025:Rj-Jd:667)
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Rajasthan High Court - Jodhpur

Rina Kunwar Rajput vs State Of Rajasthan (2025:Rj-Jd:667) on 6 January, 2025

Author: Dinesh Mehta

Bench: Dinesh Mehta

[2025:RJ-JD:667]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 102/2025

Rina Kunwar Rajput D/o Shri Jagdish Singh Rajput, Wife Of Shri Yogendra Singh, Aged About 28 Years, Resident Of Village / Post Gordhanpura, Asnawar, District Jhalawar, Presently Residing At C/o Shri Swaroop Singh, Village / Post Ransi Gaon, Tehsil Bilara, District Jodhpur (Raj.).

----Petitioner Versus

1. State Of Rajasthan, Through Its Principal Secretary, Medical And Health Services, Government Secretariat, Jaipur.

2. Director (Non-Gazetted), Medical, Health And Family Welfare Department, Health Bhawan, Rajasthan, Jaipur.

3. The Director, State Institute Of Health And Family Welfare (Sihfw), Jhalana Doongri, Ghat Ki Guni, Jaipur-302004.

----Respondents

For Petitioner(s) : Mr. Yash Pal Khileree For Respondent(s) : Mr. Tanuj Jain for Mr. Mukesh Dave

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 Madhya Pradesh.

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.

[2025:RJ-JD:667] (2 of 2) [CW-102/2025]

3. Learned counsel for the petitioner relied upon the judgment

dated 21.09.2022 passed by this Court in the case of Aman

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 D.B.

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. Consequently, the decision of the Committee taken in its

meeting dated 15.11.2024 qua the petitioner is hereby quashed.

8. 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.

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

10. Stay application stands disposed of, accordingly.

(DINESH MEHTA),J 148-Mak/-

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