Allowed

Monika Kumari and Anr. v. State of Raj and Ors.

Rajasthan HC29 May 2018CW/10982/2018

Case brief

AI extract

What is this about?

Petitioners sought OBC/SC/ST certificates based on their residence in Rajasthan post-marriage. The Court applied directions from a prior coordinate Bench judgment, directing state authorities to verify caste and income from the origin state and issue certificates if criteria are met.

What did the court decide?

Directed the concerned Sub Divisional Magistrate to issue OBC/SC/ST certificates immediately after verifying caste and income from the respondent's state of origin.

Monika Kumari and Anr. Vs State of Raj and… — Pension and Retirement Benefits | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writs No. 10982/2018

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I. Monika Kumari W/o Pawan Kumar, D/o Naresh Kumar, Aged About 28 Years, Village Sahad, Tehsil Buhana, District Jhunjhunu, Rajasthan.

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Sonu Kumari Yadav W/o Nirmal Singh D/o Naresh Kumar, Aged About 29 Years, Village Sahad, Tehsil Buhana, District Jhunjhunu, Rajasthan.

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----Petitioners '

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Versus

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I. Secretary

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'sub Divisional Magi uhana, District Jhunjhunu, Rajasthan.

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Tehsildar, Bu
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For Petitioner(s) ri, present in person
For Respondent(s)
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HON'BLE MR. J KASH SHARMA

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29/05/2018

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_x7.m_* we.. * ... '?y8j {zpjg The petitioner pF&ent;16pers0@&ubmits that the issue involved in the present writ petition is no more res integra and stands covered by the judgment passed by the coordinate Bench in S.B.Civil Writ Petition No.3968/2017- Manju Yadav Vs. State of Rajasthan and other connected matters decided on 29.11.20.17 wherein following order was passed: -

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-%I 'In any case, present writ petitions- are disposed of with following directions, as agreed-

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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 from the State from where a candidate has migrated. The required verification would be sought by the SDO to whom application is subm.itted by the candidate. In case, verification is sought, the prescribed authority of the State of aryana would send it not only indicating the category in which the candidate falls i.e. whether OBC or any 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 creamy "'i 6 f'-' layer would $4 be ii:r;lk$erence %Ln s +to-vvh~$j??revalent in the State of Haryana. mzaiy *. It would be after properyerification and givingdetails. Accordingly, all the butaities in gp ,4@ 1 .P the &$-e of Haryana, impleaded as party respphdents in "krc-$ority of writ petitions, would compl@she die~kion aforesaid in consonance to the circularqda&d lC$S2 8.'2?1994.

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from the prescribed ana, competent than would the candidate er or not. The said certificate if the petitioner was an OBC and not otherwi aforesaid would would take ste te certificate at the earliest. 4. The issuancefcst gertificate/certificate for %-Fzf taking benefit of gr@e~~a$~p WqTi.l& remain subject to final outcome of the judgment of the Apex Court. If it goes against then petitioner/s, would not be entitled to get benefits of reservation. A copy of this judgment be placed in each connected file."

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Taking into consideration aforesaid directions this Court . E finds that in the present case the petitioner has prayed for issuance of the Certificate on the basis of her residence after marriage in State of Rajasthan and in view thereof and in terms of the aforesaid order passed in the judgment of Manju Yadav I 2.

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(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.

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With the aforesaid directions, the writ petition is allowed.

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issuing the OBC/SC/ST would be entitled

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marriage and in this regard cerned competent authority would entitled iunication with the concer State Gc

Monika Kumari and Anr. v. State of Raj and Ors.

Case brief

What is this about?

What did the court decide?

Monika Kumari and Anr. v. State of Raj and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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