Allowed

Manesh v. State of Raj and Ors.

Rajasthan HC29 May 2018CW/10983/2018

Case brief

AI extract

What is this about?

The High Court allowed the petitioner's writ petition seeking an OBC/SC/ST certificate. The Court applied the directions from the judgment in Manju Yadav, directing the State to issue the certificate considering verification requirements regarding the creamy layer assessment of the spouse's father drawn from the Haryana State authority.

What did the court decide?

Petitioner's writ petition allowed. State and authorities directed to issue OBC/SC/ST certificate after verifying father's income and caste with the State of Haryana authority.

Manesh Vs State of Raj and Ors. — Service and Employment | Rajasthan HC (2018)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Civil Writs No. 10983/2018

¶3

Manesh W/o Jaipal, D/o Vikram, Aged About 30 Years, Village Majri, Tehsil Buhana, District Jhunjhunu, Rajasthan.

¶4

Versus

¶5

¶6

I. The State Of Rajasthan Through Its Principa-l Secretary, Department Of Personnel 32L my .)$f". Secretariat, L* Jaipur, Rajasthan. % !t% ?+,J $ 8 $ >&?"$

¶7

1. District Colledob F % %. $ ~humjhunup~~jqsthan -- ,+& a .-& g" "' " .<f &t-F

¶8

1. Sub DivlSional q%&$?.+$ Magistrate, Buhana, @lsf,~icf Jhunjhunu, Ra j&tffZn tLi3y >2 d"=. %H4f$$

¶9

1. & l$hsildar, Buhana, District Jhunjhunu, Rajasthand, 3, yy ?@@"$, ----Respondents

¶10

in S.B.Civil Writ Pe 7- Manju: Yadav Vs,

¶11

I State of Rajasthan and other connected matters decided on 29.11.2017 wherein following order was passed: -

¶12

% CdP 'In *iny case, present writ petitions are disposed of with following directions, as agreed- ,.,

¶13

,.,

¶14

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

¶15

a candidate has migrated. The required vereication 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 or any other category in their State a'nd the income of the candidate's father as to whether he is falling in creamy layer or not. The assessment of the creamy layer would be in reference to what is prevalent in the State of Haryana. It would be after proper verification and giving details. Accordingly, all the authorities in the State of Haryana, impleaded as party respondents in majority of wrjt jetitions. $, a t e .P" 9ould -$ comply the direction afoparh i;&c,censonance@ $f~ circular dated 8.4. 1994.c8\ I&. %* " $ 2.On recegt of verification from the; 6pTescribed &. y"."" JY X authority of the State of Haryana, *competent attif' in the State of Rajasthan '$buld L $+& arp&priately issue OBC certificate indicating whetfJer thzcandidate is falling in the creamy layer or not.~~;h)e and not 0th resaid would uance of OBC certificate. T order would be sthan as well as State of Ha e to the circular the earliest. 4. The issuanc final outcome o not be entitled

¶16

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 marriage 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

¶17

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.

¶18

With the aforesaid directions, the writ petition is allowed. It is made clear that the concerned Authority issuing the OBC/SC/ST certificate to the concerned petitioner would be

¶19

concerned, State Gover

¶20

RAKASH SHARMA),J MohitRlOO

Manesh v. State of Raj and Ors.

Case brief

What is this about?

What did the court decide?

Manesh v. State of Raj and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Anil Kumar Jain Vs State Education Department Ors.

Manju Vs State Education Department Ors.

Bharat Bhushan Goyal Vs State of Raj

Munesh Yadav Vs State of Raj and Ors.

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

Naresh Nama Vs State of Raj and Ors.