Single judge order allowed four connected writ petitions. The court directed Sub-divisional Magistrate to issue caste certificates to SC petitioners with explicit clarification that these are not valid for public employment in Rajasthan.
Directed Sub-divisional Magistrate to issue caste certificates clarifying non-validity for public employment in Rajasthan.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 12832/2020
Manju Bala W/o Mukesh Mohan Singh, Aged About 25 Years, B/c Meghwal, Resident Of Ward No. Village And Post Ber, Tehsil Bhadra, District Hanumangarh.
----Petitioner
Versus
----Respondents
Connected With
S.B. Civil Writ Petition No. 9736/2019
Sangeeta Devi W/o Parthvi Dutt, Aged About 38 Years, B/c Meghwal, Resident Of Village Vpo Mansari, Tehsil Bhadra, District Hanumangarh.
----Petitioner
Versus
----Respondents
S.B. Civil Writ Petition No. 1295/2020
Dropati W/o Madan Lal D/o Ami Lal, Aged About 37 Years, By Caste Meghwal R/o Villaged Ward No. 7, Gandhi Bari, Tehsil Bhadra, Hanumangarh, Rajasthan.
----Petitioner
Versus
(2 of 3)
----Respondents
S.B. Civil Writ Petition No. 1362/2021
Pooja Rani W/o Charan Singh D/o Jay Singh, Aged About 35 Years, B/c Meghwal, Resident Of Village Amarpura, ,tehsil Bhadra, District Hanumangarh.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Jogendar Singh for Mr. Moti Singh For Respondent(s) : Mr. Ram Dayal Choudhary
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
01/03/2021
In wake of onslaught of COVID-19, abundant caution is being taken while hearing the matters in Court.
Mr. Ram Dayal Choudhary, learned counsel for the respondents submits that the controversy involved in the present writ petitions are no more res-integra as it is covered by the judgment rendered by this Court in the case of Kavita Devi Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.3911/2020) , decided on 12.01.2021, relevant portion reads as under :-
"So it is clear that the petitioner is not entitled for reservation in public employment in the State of Rajasthan being the resident of State of Punjab, however,
(3 of 3)
she can get the other benefits as being an SC on the strength of the certificate if the scheme envisages domicile or residence as entitlement.
In view of the above discussion, the writ petition is allowed. The respondent No.2 Sub Divisional Magistrate, Bhadra, District Hanumangarh is directed to issue only a caste certificate to the petitioner with clarification that this certificate is not for taking benefit in public employment in the State of Rajasthan, within a period of one week from the date of submission of certified copy of this order. "
In view of the aforequoted judgment, the present writ petitions are allowed in the same terms and the respondent no.2 Sub-divisional Magistrate Bhadra, District Hanumangarh is directed to issue only a caste certificate to the petitioner, with clarification that said certificate shall not be valid for the purpose of public employment in the State of Rajasthan, within a period of 15 days from the date of submission of certified copy of this order.
(DR.PUSHPENDRA SINGH BHATI),J.
14, 15, 17 & 18-Sudheer/-
Colour shows how this judgement treated each authority
Kavita Devi Vs. State of Rajasthan & Ors.Followed¶41
Kavita Devi Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.3911/2020)
Manju Bala
State Of Rajasthan
Sub Divisional Magistrate, Bhadra
Tehsildar, Bhadra
Pusphendra Singh Bhati
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
