Allowed

Priyanka v. State of Raj and Ors.

Rajasthan HC15 Feb 2018CW/4272/2017

Case brief

AI extract

What is this about?

The High Court allowed a writ petition seeking a scheduled caste certificate for a petitioner who migrated from Haryana to Rajasthan. The Court ruled that since she belongs to the caste in both states, the certificate must be issued, though it is conditional on a pending Supreme Court appeal.

What did the court decide?

The writ petition is allowed and the caste certificate is to be issued, subject to the final outcome of a pending Supreme Court appeal on the same issue.

Priyanka Vs State of Raj and Ors. — Caste Atrocities | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 4272 / 2017

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Priyanka D/o Shri Roshan Lal, W/o Shri Krishan Kumar, by Caste Bawaria, (SC), Aged About 21 Years, Village Jakhrana, Tehsil Behror, District Alwar, Rajasthan.

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----Petitioner

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Versus

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State of Rajasthan Through Secretary, Department of Personnel, Secretariat, Jaipur

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District Collector, Alwar, District Alwar, Rajasthan

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S.D.O., Behror, District Alwar, Rajasthan

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Tehsildar, Behror, District Alwar, Rajasthan

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District Collector, Jhajjar, District Jhajjar, Haryana.

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Tehsildar, Beri, District Jhajjar, Harayana.

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----Respondents

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For Petitioner(s) : Mr.Vijay Yadav

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For Respondent(s) : Mr.Dharmendra Pareek, AGC

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HON'BLE MR. JUSTICE M.N.BHANDARI

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Judgment

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15/02/2018

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This writ petition has been filed to seek caste

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certificate, as the petitioner belongs to scheduled caste community not only in the State of Rajasthan but even in the State of Haryana where she took birth.

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The caste certificate cannot be denied due to migration of the petitioner from Haryana to Rajasthan after marriage. It can be denied if a migrated candidate was not belonging to the same caste, for which, certificate is prayed for. In the instant case, the

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(2 of 2)

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[CW-4272/2017]

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petitioner belongs to scheduled caste in the State of Haryana as well as in the State of Rajasthan thus the caste certificate should have been issued in favour of the petitioner.

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In view of the above, this writ petition is allowed, however, it is made subject to final outcome of the pending Civil Appeal bearing No.8425/2013 titled as Ranjana Singh Vs. State of Uttarakhand & Ors. before the Apex Court on the same issue. If the Civil Appeal is decided adverse to the petitioner’s claim then issuance of certificate would have no bearing to the benefit of the petitioner pursuant to the direction of this Court.

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Preeti, PA/5

Priyanka v. State of Raj and Ors.

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Priyanka v. State of Raj and Ors.

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