Allowed

Pooja Rani v. State of Rajasthan

Rajasthan HC1 Mar 2021CW/1362/2021

Case brief

AI extract

What is this about?

The High Court allowed connected writ petitions filed by SC candidates. Relying on a prior judgment, the Court held that despite SC status, residents of Punjab are not entitled to reservation in Rajasthan public employment. The Sub Divisional Magistrate was directed to issue caste certificates valid only for benefits other than public employment in Rajasthan.

What did the court decide?

Writ petitions allowed; respondents directed to issue caste certificates with clarification that they are not valid for public employment in Rajasthan.

Pooja Rani Vs State of Rajasthan — Caste Atrocities | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 12832/2020

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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.

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----Petitioner

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Versus

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State Of Rajasthan, Through The Secretary, Department Of Social Justice, Government Of Rajasthan, Secretariat, Jaipur (Raj.).

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Sub Divisional Magistrate, Bhadra.

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Tehsildar, Bhadra, District Hanumangarh.

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----Respondents

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Connected With

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S.B. Civil Writ Petition No. 9736/2019

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Sangeeta Devi W/o Parthvi Dutt, Aged About 38 Years, B/c Meghwal, Resident Of Village Vpo Mansari, Tehsil Bhadra, District Hanumangarh.

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----Petitioner

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Versus

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State Of Rajasthan, Through The Secretary, Department Of Social Justice, Government Of Rajasthan, Secretariat, Jaipur (Raj.).

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Sub Divisional Megistrate, Bhadra.

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Tehsildar, Bhadra, District Hanumangarh.

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----Respondents

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S.B. Civil Writ Petition No. 1295/2020

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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.

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----Petitioner

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Versus

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State Of Rajasthan, Through Secretary, Department Of Social Justice, Government Of Rajasthan, Jaipur.

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Sub Divisional Magistrate, Bhadra, District Hanumangarh.

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Tehsildar, Bhadra, District Hanumangarh.

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(2 of 3)

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----Respondents

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S.B. Civil Writ Petition No. 1362/2021

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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.

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----Petitioner

¶31

Versus

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State Of Rajasthan, Through The Secretary, Department Of Social Justice, Government Of Rajasthan, Secretariat, Jaipur (Raj.).

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Sub Divisional Magistrate, Bhadra.

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Tehsildar, Bhadra, District Hanumangarh.

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----Respondents

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For Petitioner(s) : Mr. Jogendar Singh for Mr. Moti Singh For Respondent(s) : Mr. Ram Dayal Choudhary

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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01/03/2021

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In wake of onslaught of COVID-19, abundant caution is being taken while hearing the matters in Court.

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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 :-

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"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,

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(3 of 3)

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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.

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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. "

¶46

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.

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(DR.PUSHPENDRA SINGH BHATI),J.

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14, 15, 17 & 18-Sudheer/-

Pooja Rani v. State of Rajasthan

Case brief

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Pooja Rani v. State of Rajasthan

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