Allowed

Renu W/O Amit Yadav D/O Ramnivas v. State of Rajasthan, through Principal Secretary, Department of Personnel

Rajasthan HC27 Aug 2018CW/13692/2018

Case brief

AI extract

What is this about?

The High Court of Judicature at Rajasthan allowed a writ petition seeking an OBC certificate for the petitioner who migrated to Rajasthan after marriage. Applying directions from a prior coordinate bench judgment, the Court directed competent authorities to issue the certificate after verifying income and caste status from the previous state.

What did the court decide?

Petitioner is directed to immediately take steps for issuing an OBC/SC/ST certificate to the petitioner after verification from her state of residence prior to marriage.

Renu W/O Amit Yadav D/O Ramnivas Vs State of… — Writ and Judicial Review | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURPFOR RAJASTHAN

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BENCH AT 3AIPUR

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S.B. Civil Writs No. 13692/2018

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Renu W/o Amit Yadav D/o Ramnivas, Aged About 31 Years, Village Khanpur P.o Khijuriwas, Tehsil Tijara, District Alwar, Rajasthan.

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Versus
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1. State Of ..fCaa$th.ain, Through PRrincipal -" 8 ' ' Secretary,
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epart&& ii fflersonnel, secretarid Jopur a- #w-! Rajasthan.
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2. isti.ctCollector, %a Alwar, Rajasthan. tUd> l_i
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3. 2ub Divisional Magistrate, Tijara, Alwar, Rajasthfn,
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4. Tehsildar, Tijara, Alwar, Rajasthan.
5. District Collector, Gurgii"o7Hjaryana. a-es.,. f2+:
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6. Sub DivisionaM;~s&at~~~yli;g;ao+iHaryana. . . I!
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7. Tehsildar, Gurq'tioni- ". .", .. H'aryan8.
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$%$-?a& &&.p,b+:Jq.da%ik. *Wa.I * ,' >i' * ,$ ,,$ &&&1,1 qki ----Respondents
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For Petitioner(s)
For Respondent(s)
HON'BLE MR. J KASH SHARMA
.I

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27/08/2018

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Counsel for the State appears and points out 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.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: -

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"In any case, present writ petitibns 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 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 aandidatefaJ1s i.e. whether OBC $ 3si5;":iPr-g. 7. b. or any other ,cab&oky,r.h the'lsStaterahd. the income of 8qi, B a& the candidate.5 "father as to whkher he is falling in or not. The assessment of the creamy in reference to what is prev81e6rin the 4. .J,. It would be after proper verlfrcaton -. ad Accordingly, all the authoritiesip impleaded as party respondents direction aforesa e circular dated

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the candidate is layer or not. The said certificat was an OBC and not otherw foresaid would suance of OBC rder would be to the circular 3.The ompetentauthorit in the2SJate of Rajasthan would take steps~m$d~~~~f4+cgste certificate at the earliest.

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The issuance of caste certificatelcertificate for taking benefit of reservation would 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 finds that in the present case the petitioner has prayed for issuance of the Certificate on the basis of her residence after

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marriage in State of Rajasthan and iv 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 view of * ". i%&( r -rg ,*. -.'". the aforesaid direct[ons?as IPS early as possble. . tF F" With thea o~esaid directions, the writ petitiop is allowed. Ak "ir:"s I .bj, Jde clear that the concerned uthori$yii(ssuin the 9%. certificate to the concerned petitioner $would be

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entitled to get th

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Government where hile residing before marriage and in thi ompetent authority &, , ; ' ;, would be entitled to ta~~;akbeps&$[@~prnmunication w"~~,&ke+s a+ with the %"yJ:~'y **$"Vt;.l." I 2, , ri~-.*. xp3;iP .+vd+w-n, concerned State ~overnhnt, i.$&r 2 .r, T i 'I

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9 Mohit R. /222

Renu W/O Amit Yadav D/O Ramnivas v. State of Rajasthan, through Principal Secretary, Department of Personnel

Case brief

What is this about?

What did the court decide?

Renu W/O Amit Yadav D/O Ramnivas v. State of Rajasthan, through Principal Secretary, Department of Personnel

Case brief

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What did the court decide?

What the court decided

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