Allowed

Sunil Yadav Wife of Praveen Kumar v. the State of Rajasthan

Rajasthan HC24 Aug 2018CW/16644/2018

Case brief

AI extract

What is this about?

This order allows two writ petitions seeking OBC caste certificates. Relying on a coordinate bench judgment Manju Yadav, the High Court directed State authorities to issue certificates immediately upon verification from the petitioners' former state of residence, aligning with the 1994 Central Government circular.

What did the court decide?

Directions were issued to the concerned SDM and Tehsildar to immediately issue OBC/SC/ST certificates to the petitioners after verifying documents from the State of Haryana.

Sunil Yadav Wife of Praveen Kumar Vs the… — 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. 16644/2018

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Sunil Yadav Wife Of Praveen Kumar, Aged About 26 Years, Resident Of Bus Stand Bheeteda, Rewali, Tehsil Bahror, District Alwar (Rajasthan)

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Nasiyata Wife Of Krishan Kumar Yadav, Resident Of Village Kaliyahoda, Post Peepali, Tehsil Bahror, District Alwar

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----Petitioners

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Versus

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The State Of Rajasthan, Through Its Principal Secretary, Department Of Personnel, Secretariat, Jaipur

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The District Collector, Alwar, District Alwar

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Sub Divisional Magistrate, Behror, District Jaipur

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The Tehsildar, Tehsil Behror, District Alwar

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----Respondents

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For Petitioner(s) : Mr. Gaurav Tanwar, Adv. For Respondent(s) : Ms. Kriti Shekhawat, Adv. For Mr. J.M. Saxena, AAG.

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HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

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Order

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24/08/2018

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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.Civil Writ Petition No.3968/2017- Manju 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 petitions are disposed of with following directions, as agreed-

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(2 of 3)

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[CW-16644/2018]

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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 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 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 writ petitions, would comply the direction aforesaid in consonance to the circular dated 8.4.1994.

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2.On receipt of verification from the prescribed authority of the State of Haryana, competent authority in the State of Rajasthan would appropriately issue OBC certificate indicating whether the candidate is falling in the creamy layer or not. The said certificate would be issued only if the petitioner was an OBC candidate in the State of Haryana and is falling in the same category in the State of Rajasthan and not otherwise. The direction aforesaid would resolve the grievance in regard to issuance of OBC certificate. The compliance of this order would be made by the parties in the State of Rajasthan as well as State of Haryana in consonance to the circular issued by the Government of India dated 8.4.1994. 3.The competent authority in the State of Rajasthan would take steps for issuance of caste certificate at the earliest.

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The issuance of caste certificate/certificate 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

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finds that in the present case the petitioners have prayed for issuance of the Certificate on the basis of their 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

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(3 of 3)

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[CW-16644/2018]

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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 petitioners is directed to take steps for issuing OBC/SC/ST certificate in view 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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It is made clear that the concerned Authority issuing the OBC/SC/ST certificate to the concerned petitioners would be entitled to get the same verified from the concerned State Government where the petitioners were erstwhile residing before marriage and in this regard the concerned competent authority would be entitled to take all steps for communication with the concerned State Government.

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The petitioners shall submit application and the concerned Tehsildar shall issue the certificate forthwith.

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(SANJEEV PRAKASH SHARMA),J

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R.Vaishnav 220.

Sunil Yadav Wife of Praveen Kumar v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Sunil Yadav Wife of Praveen Kumar v. the State of Rajasthan

Case brief

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What did the court decide?

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