Allowed

Aatina D/O Jabbar W/O Abdul Latif, v. the State of Rajasthan

Rajasthan HC10 Aug 2020CW/4942/2020

Case brief

AI extract

What is this about?

The Rajasthan High Court held that a petitioner migrated to Rajasthan via marriage and is entitled to an OBC caste certificate there. The court allowed the writ petition and directed respondents to issue the certificate within four weeks, relying on a prior division bench judgment.

What did the court decide?

Direct the respondents to issue a caste certificate categorizing the petitioner as a member of the Other Backward Class community in Rajasthan within four weeks.

Aatina D/O Jabbar W/O Abdul Latif, Vs the… — Pension and Retirement Benefits | Rajasthan HC (2020)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 4942/2020

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Aatina D/o Jabbar W/o Abdul Latif, Aged About 21 Years, R/o Village Sare Khurd, Tehsil Tijara District Alwar (Raj.)

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----Petitioner

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Versus

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The State Of Rajasthan, Through Secretary, Department Of Personnel, Govt. Secretariat, Jaipur.

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District Collector, Alwar (Raj.)

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Sub Divisional Magistrate, Tijara District Alwar, (Raj.)

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Tehsildar, Tehsil Tijara, District Alwar (Raj.)

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District Collector, Nuh-Mewat (Haryana)

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Tehsildar, Tehsil Nuh, District Nuh-Mewat (Haryana)

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----Respondents

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For Petitioner(s) : Mr. Mohd. Zubeir For Respondent(s) : Ms. Archna on behalf of Mr. Anil Mehta, AAG

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HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

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Order

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10/08/2020

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This writ petition has been filed contending that the

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petitioner was originally resident of Village Sudaka, Tehsil Nuh District Nuh-Mewat (Haryana), wherein, she was categorized as a member of Other Backward Class. She submits that on account of her marriage with Abdul Latif resident of Village Sare Khurd, Tehsil Tijara District Alwar (Rajasthan), a member of Other Backward Class, she has migrated to Rajasthan and is entitled for issuance of caste certificate categorizing her as a member of the Other Backward Class community in Rajasthan also; but, the respondents have illegally rejected her request for issuance of

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(2 of 2)

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[CW-4942/2020]

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such caste certificate. Learned counsel for the petitioner places reliance upon a Division Bench judgment of this Court dated 18.09.2018 passed in D.B. Special Appeal No.1116/2018,

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State of Rajasthan and Ors. Versus Smt. Manju Yadav and

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Ors, wherein, the respondents have been directed to issue caste certificate to the petitioner therein, even after her migration to the State of Rajasthan, which can be put to use barring reservation in public employment.

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Learned counsel appearing for the respondents does not dispute the factual as well as legal position.

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Heard the learned counsels for the parties and perused the record.

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In view of the undisputed factual and legal position, I allow this writ petition and direct the respondents to issue to the petitioner caste certificate showing her to be a member of the Other Backward Class community in accordance with law within a period of four weeks from the date of receipt of the certified copy of this order.

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With the aforesaid directions, the writ petition is allowed.

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(MAHENDAR KUMAR GOYAL),J

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MADAN MEENA /55

Aatina D/O Jabbar W/O Abdul Latif, v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Aatina D/O Jabbar W/O Abdul Latif, v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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