The High Court allowed the writ petition seeking issuance of an OBC certificate. The court applied directions from the Manju Yadav case, directing the State to issue the certificate after verification of income and caste details from Haryana authorities.
Writ petition allowed; State directed to issue OBC/SC/ST certificate after verification.
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HIGH COURT OF JUDICATU~E FOR RAJASTHAN BENCH AT JAIBUR
S.B. Civil Writs No. 10976/2018
Munesh -Yadav W/o Bhup Singh, D/o Ram Kumar, Aged About 32 Years, Village Sirsala, Tehsil Surajgarh, District Jhunjhunu, Rajasthan.
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HON'BLE MR. J ASH SHARMA
29/05/2018
The petitioner mits that the issue involved in the prese re res integra and r,79~:yc:r-8 stands covered by the g;$$ePpa~~e:,~~b;y 4 f the coordinate Bench in S.B.Civi1 Writ Petition No.3968/2017Manju Yadav Vs. State of Rajasthan and other connected matters decided on 29.11.2017 wherein following order was passed: -
State of Rajasthan and other connected matters decided on
tcr r "In any case, present writ petitions are disp0se.d of with following directions, as agreed-
1.The circular dated 8.4.1994, issued by Central Government is made applicable in the present cases also, however, OBC certificate would be issued by the State authorities only after getting verification of
father's income and caste froi the State from hhere a candidate has migrated, The required verification would be sought by the SDO to whom application is submitted by the candidate. In case, verification is sought, the prescribed authority of the State of Haryana would send it not only indicating the category in which the candidate falls i.e. whether OBC -. I or iny other category in their State and the income of -. the candidate's father as to whether he is falling in creamy layer or not. The assessment of the creaniy layer would be in reference to what is prevalent in the state of Haryana. It wou'ld be after proper verification and giving details. Accordingly, all the authorities in the State of Haryana .impleaded.. a-s party respondents sg ~t' rr Q ?$ 3 in majority 4- ofGwk~~$dtiti~~~srL,wqlld .$.. comply the direction qforesard wz3% in consonance to%& qfrqular dated 8.4.1 99.97Cr~J $;, c.2 ,.63 ,$ 2.0r1%eceit of verification from the bregcribed ,.I r.'" autbnify of the State of Haryana, cohpetent 4d ..,. % &2-.." a@la\brity in the State of Rajasthan wo13d.d apjYropriately issue OBC certificate indicating whet%& the candidate amy layer or not. The was an OBC and not 0th resaid would resolve the grle ssuance of OBC certificate. The issued by the Gove the earliest. to get benefits f~~~~&+~~~tjp. Agopy of this judgment g ,+k P) p .xey-BZi, FvY4,,?q .:;f be placed in eah+n@$e,d; fiiei 394
Taking into consideration aforesaid directions, this Court finds that in the present case the petitioner has prayed for issuance of the Certificate on the basis of her residence after marriagg in State of Rajasthan and in view thereof and in terms of the aforesaid order passed in the judgment of Manju Yadav (cited supra), the present writ petition is allowed. In this writ petition, the directions as quoted above shall be .applied mutatis
mutandis equally and the State is' now directed to immediately take up steps. Concerned SDM in relation to present'petitioner is directed to take steps for issuing OBC/SC/ST certificate in line of the aforesaid directions as early as possible.
With the aforesaid directions, the writ petition is allowed. C It is made clear that the concerned Authority issuing the OBC/SC/ST certificate to the concerned petitioner would be ." 2 :E \ ?& ;a-.i; g .--%$ entitled to get th.e.$<&me. **$A+-** . -*& :veriffed.fii,o~)~he concerned State *$,> " ."e"y Government w,here %.$%Y the petitioner was erstwhil~~,presiding li before 4%. $/ **n&:F .,& , as A' marriage in this regard the concerned cme%efit+authorit C"&& &%% ." >k. would bey entitled to take all steps for communicationw~th the
concerned State
2 issues framed by the court
Whether the petitioner is entitled to issuance of OBC certificate based on her residence after marriage in Rajasthan.
Whether the directions issued in the Manju Yadav case apply mutatis mutandis to the present petition.
Colour shows how this judgement treated each authority
Manju Yadav Vs. State of RajasthanFollowed¶16
S.B.Civil Writ Petition No.3968/2017 Manju Yadav Vs. State of Rajasthan
1 provisions across 1 enactments
Munesh -Yadav
State of Rajasthan
District Magistrate, Jhunjhunu
Subdivisional Magistrate, Surajgarh
W 'his'ildar, Surajgarh
Mr. Jash Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
