Disposed

Neeraj Kanwar Parmar v. State of Rajasthan

Rajasthan HC1 Dec 2021CW/3580/2019

Case brief

AI extract

What is this about?

The High Court of Rajasthan, Jodhpur, addressed a writ petition seeking to quash an order affecting the petitioner's OBC status as Pradhan. Allowing submissions by the State, the court held the petitioner stood protected by a Supreme Court order until her tenure ended, thus preventing adverse action and noting the final legal position awaits apex adjudication.

What did the court decide?

The Court held that the petitioner's status as OBC-Pradhan is protected by the Supreme Court's order until her tenure ends, and no adverse order shall be imposed on her status.

Neeraj Kanwar Parmar Vs State of Rajasthan — Caste Atrocities | Rajasthan HC (2021)

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(1 of 3)

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[CW-3580/2019]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 3580/2019

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Neeraj Kanwar Parmar W/o Shri Kuldeep Singh, Aged About 35 Years, By Caste Parmar Rajput, Resident Of Village Pal, Panchayat Smiti Luni District Jodhpur At Present Working As Elected Pradhan, Panchayat Samiti, Luni, District Jodhpur.

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----Petitioner

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Versus

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

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Rajasthan State Backword Class Commission, A-46, Shanti Path, Tilak Marg, Government Of Rajasthan, Jaipur.

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District Collector, Jodhpur, Jodhpur.

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Tehsildar, Jodhpur, Jodhpur.

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Baburam S/o Bhiyaram, By Caste Jat R/o Village Gangana, Tehsil Luni District Jodhpur.

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----Respondents

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For Petitioner(s) For Respondent(s)	: :	Mr. Moti Singh Mr. Sunil Beniwal,AAG

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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01/12/2021

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The petitioner has preferred this writ petition claiming for the

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following reliefs:-

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“(i) By an appropriate Writ or direction, respondents may kindly be directed that the order dated 20.02.2019 (Annex.18) passed by State Level Committee of the Social Justice Department may kindly be quashed and set aside.

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(ii) By an appropriate Writ or direction, the complaint dated 17.10.2016 (Annex.8) filed by the respondent no.5 before the District Level Committee may kindly be rejected.

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(2 of 3)

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[CW-3580/2019]

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(iii) By an appropriate writ or direction, Government may kindly be directed that the status of the petitioner as working Pradhan of Panchayat Samiti, Luni may not be disturbed according to the direction passed by Hon’ble the Supreme Court of India.”

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At the outset learned AAG submits that benefit of reservation given to the present petitioner, who was holding the post of Pradhan, Panchayat Samiti, Luni in OBC category was protected by the order of Hon’ble Apex Court passed on 13.02.2019, which reads as follows:-

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“Taking into consideration the aforesaid under taking and the submissions canvased by the Learned Additional Solicitor General, whatever admissions/appointments/elections, which were conducted or the reservations made, on the basis of earlier notification should not be disturbed until further orders.”

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Learned AAG further submits that under the protective layer of the order passed by Hon’ble Apex Court, the petitioner has successfully completed her tenure as Pradhan-OBC, which has come to an end and, therefore, any adjudication on merits would be a futile exercise.

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Learned AAG further submits that since during the tenure of present petitioner the protection of Hon’ble Apex Court was operating, therefore, the State does not propose to make any adverse order upon the present petitioner for the tenure, which has already been passed.

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Counsel for the petitioner fairly submits that petitioner in the capacity of OBC-Pradhan was under the protective layer of the SLP order mentioned above and, thus, her tenure in now over.

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This Court taking into consideration the submission made by the learned AAG is of the clear opinion that the petitioner stood protected by order of Hon’ble Apex Court, quoted herein above,

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(3 of 3)

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[CW-3580/2019]

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which remained in currency during tenure of the present petitioner, thus, impact on any adverse order pertaining to the petitioner’s status as OBC-Pradhan shall not be imposed, as per the averments already made by learned AAG.

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It is made clear that the legal position regarding availability of OBC reservation shall be subject to final adjudication being made by Hon’ble Apex Court.

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It is needless to say that the petitioner shall be entitled to file fresh writ petition in case any cause of action remains. She shall also be at liberty to seek fresh OBC certificate after the adjudication of the dispute by the Hon’ble Apex Court, if the same is permissible thereupon.

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(DR.PUSHPENDRA SINGH BHATI),J.

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101-nirmala/Sanjay-

Neeraj Kanwar Parmar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Neeraj Kanwar Parmar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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