The High Court of Rajasthan maintained the position that a person cannot be recognized as a Scheduled Caste migrant from one state if they belong to that same caste in their origin state, citing Supreme Court precedents. The writ petition was dismissed.
The writ petition and stay petition were dismissed.
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. 1657/2019
Kanta Devi W/o Shri Jaspal, Daughter Of Shri Atma Ram, Aged About 24 Years, By Caste Kumhar, Rsident Of Village 27 Gg, Tehsil And District Sriganganagar (Raj.).
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr.Bhoop Singh Choudhary For Respondent(s) :
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
18/11/2021
In wake of second surge in the COVID-19 cases, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned.
Learned counsel for the petitioner has laid down his case on merits.
This Court pointed out to the counsel that the question of migrant of one state person of the same caste cannot be recognized as migrant of same caste of Migrant State was a settled principle of the Hon’ble Apex Court as decided in Ranjana
(2 of 3)
[CW-1657/2019]
Kumari Vs. State of Uttarakhand & Ors. (Civil Appeal No(s). 8425 of 2013) on November 01, 2018.
“1. We have heard the learned counsels for the parties and perused the relevant material.
2. The appellant who belongs to Valmiki caste (Scheduled Caste) of the State of Punjab married a person belonging to the Valmiki caste of Uttarakhand and migrated to that State. In the State of Uttarakhand under the Presidential Order ‘Valmiki’ is also recognized as a notified Scheduled Caste. The State of Uttarakhand issued a certificate to the appellant.
3. The appellant contended before the High Court that she was a Scheduled Caste of the State of Uttarakhand. The High Court having rejected the Signature Not Verified claim, the appellant is in appeal before us. Digitally signed by NEETU KHAJURIA Date: 2018.11.13 18:14:43 IST Reason:
4. Two Constitution Bench judgments of this Court in Marri Chandra Shekhar Rao vs. Dean, Seth G.S. Medical College & Ors .1 and Action Committee on Issue of Caste Certificate to Scheduled Castes & Scheduled Tribes in the State of Maharashtra & Anr. vs. Union of India & Anr .2 have taken the view that merely because in the migrant State the same caste is recognized as Scheduled Caste, the migrant cannot be recognized as Scheduled Caste of the migrant State. The issuance of a caste certificate by the State of Uttarakhand, as in the present case, cannot dilute the rigours of the Constitution Bench Judgments in Marri Chandra Shekhar Rao (supra) and Action Committee (supra).
5. We, therefore, find no error in the order of the High Court to justify any interference. The appeal is accordingly dismissed.”
Learned counsel for the petitioner though trying to distinguish his case on facts, but could not refute that the position of law is same.
This Court, seeing the absolute application of the aforementioned precedent law, is not inclined to make any interference in the writ petition and same is accordingly dismissed.
(3 of 3)
[CW-1657/2019]
Accordingly, the present writ petition is dismissed. Stay
petition also stands dismissed.
(DR.PUSHPENDRA SINGH BHATI),J.
67-Sudheer/-
2 issues framed by the court
Whether a person belonging to a Scheduled Caste in one state can be recognized as a Scheduled Caste migrant from another state if the same caste is listed in the migrant state.
Whether precedent jurisprudence prohibits the recognition of the petitioner as a Category-II migrant of the State of Rajasthan.
Colour shows how this judgement treated each authority
Kumari vs. State of UttarakhandFollowed¶17
Kumari VS. State of Uttarakhand & Ors. (Civil Appeal No(s). 8425 of 2013)
Marri Chandra Shekhar Rao vs. Dean, Seth G.S. Medical College & OrsFollowed¶24
Marri Chandra Shekhar Rao vs. Dean, Seth G.S. Medical College & Ors
Action Committee on Issue of Caste Certificate to Scheduled Castes & Scheduled Tribes in the State of Maharashtra vs. Union of IndiaFollowed¶24
Action Committee on Issue of Caste Certificate to Scheduled Castes & Scheduled Tribes in the State of Maharashtra & Anr. vs. Union of India & Anr
1 provisions across 1 enactments
Kanta Devi W/o Shri Jaspal
State Of Rajasthan
Dr. Pusphendra Singh Bhati
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
