Allowed

Manisha Garg v. State of Rajasthan

Rajasthan HC9 Oct 2018CW/14151/2018

Case brief

AI extract

What is this about?

The Court granted the petition, allowing the petitioner to seek a Time-Spent (TSP) residence certificate from the Tehsildar within three days. Relief was made provisional, pending the outcome of a Letters Patent Appeal filed by the State.

What did the court decide?

Petitioner permitted to appear before Competent Authority/Tehsildar/SDO with credentials; Authority must issue provisional TSP Certificate within three days of submission.

Manisha Garg Vs State of Rajasthan — Service and Employment | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ No. 14151/2018

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Manisha Garg D/o Banshi Lal Garg W/o Nitesh Garg, Aged About 29 Years, Resident Of Ward No. 21, House No. C-65, Shastri Colony, Dungarpur, District Dungarpur.

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----Petitioner

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Versus

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State Of Rajasthan, Through Secretary, Department Of Social Justice Government Of Rajasthan, Jaipur.

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District Collector, Dungarpur.

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Tehsildar, Dungarpur.

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----Respondents

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For Petitioner(s) : Mr. Moti Singh. For Respondent(s) : Ms. Richa Ojha for Mr. P.R. Singh, AAG.

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HON'BLE MR. JUSTICE SANDEEP MEHTA

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Order

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09/10/2018

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Learned counsel for the petitioner has placed reliance on the judgment rendered by the coordinate Bench of this Court in a bunch of writ petitions led by S.B. Civil Writ Petition No.

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15540/2017 - “Smt. Twarita Gehlot & Ors. Vs. State of

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Rajasthan & Ors. wherein, this Court directed as below:-

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“In light of the aforesaid observations, the writ petition is allowed. The respondents are directed to treat the petitioners as the residents of TSP area and accord them benefit of bonafide residence certificate and special bonafide certificate, which they had attained on account of her husband being a resident of the same TSP area. The respondents shall consider candidature of the petitioners as if she stands in merit relating to TSP in her own category and if she is otherwise eligible for appointment she shall be accorded the same within a period of two months from today.”

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(2 of 2)

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[CW-14151/2018]

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It is contended that the petitioner is also entitled to same relief.

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Ms Richa Ojha, associate to Shri P.R. Singh, learned Additional Advocate General though admits that the controversy involved in the case at hand is ad-idem to one adjudicated by the learned Single Bench of this Court in the case of Smt. Twarita Gehlot & Ors. Vs. State of Rajasthan & Ors. but she contends that the State Government has filed an intra-court appeal against the said judgment.

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Be that as it may, as on date, the law laid down by this Court in the case of Smt. Twarita Gehlot holds field. Thus, the petitioner is permitted to appear before the Competent Authority/Tehsildar/SDO concerned, along with the requisite credentials/proof of residence. The Competent Authority/Tehsildar/ SDO concerned shall, in turn, issue the requisite TSP Certificate to the petitioner, after verification of documents, within three days from the date of submission of certified copy of this order. However, the certificate so issued to the petitioner shall be provisional and subject to the decision of the Letters Patent Appeal preferred by the State of Rajasthan against the Single Bench judgment rendered in the case of Smt. Twarita Gehlot.

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The writ petition as well as the stay application are disposed of in above terms.

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(SANDEEP MEHTA),J

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Sudhir/49

Manisha Garg v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Manisha Garg v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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