The Rajasthan High Court dismissed the State's appeal against an order directing recruitment process. The Court upheld the learned Single Judge's decision relying on Smt. Sunita Yadav regarding OBC creamy layer verification.
Appeal dismissed; order of the Single Judge setting apart process for respondent maintained.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Spl. Appl. Writ No. 386/2019
----Appellants
Versus
Pramila Kumari W/o Sandeep Yadav D/o Lal Singh Yadav, Aged About 34 Years, R/o VPO Udayramsar, Tehsil And District Bikaner, Rajasthan.
----Respondent
For Appellant(s) : Mr. K.K. Bissa For Respondent(s) : ---
HON'BLE THE CHIEF JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE DINESH MEHTA
Order
23/05/2019
Civil Misc. Application No.1/2019:
For the reasons stated in the application, delay in filing the appeal is condoned.
The application is allowed.
Special Appeal (Writ) No.386/2019:
The State is aggrieved by an order of the learned Single Judge directing it to process the respondent/writ petitioner’s claim for recruitment; the learned Single Judge based his decision on the ruling of this Court in Smt. Sunita Yadav vs. State of
(2 of 2)
[SAW-386/2019]
Rajasthan [S.B. Civil Writ Petition No.20815/2017, decided on 06.12.2017]. In that judgment the Court had held that the process of verification ought to be conducted to firstly enquire whether the candidates fall within the ‘creamy layer’; and if not, the concerned candidate from the other State falls in the same category of OBC in the State of Rajasthan and not otherwise.
In these circumstances, the Court is of the opinion that there is no infirmity with the reasoning of the learned Single Judge. The appeal deserves to be and is, accordingly, dismissed.
(DINESH MEHTA),J
(S. RAVINDRA BHAT),CJ
6-MohitTak/-
1 issue framed by the court
Whether there is infirmity in the reasoning of the learned Single Judge directing the State to process the respondent's recruitment claim.
Colour shows how this judgement treated each authority
Smt. Sunita Yadav vs. State of RajasthanRelied on¶20
Smt. Sunita Yadav vs. State of Rajasthan [S.B. Civil Writ Petition No.20815/2017]
State Of Rajasthan
Pramila Kumari
S. RAVINDRA BHAT
DINESH MEHTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
