Allowed

Anu Deora v. State of Rajasthan

Rajasthan HC7 Feb 2022CW/1729/2022

Case brief

AI extract

What is this about?

The High Court allowed a writ petition holding that a Special Bonafide Resident Certificate (TSP Area) cannot be denied to a petitioner for marriage-related relocation. The court directed the Tehsildar to issue the certificate pending a reasoned objection.

What did the court decide?

Direction to the Tehsildar to issue Special Bonafide Resident Certificate (TSP Area) to the petitioner within seven days.

Anu Deora Vs State of Rajasthan — Service and Employment | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 1729/2022

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Anu Deora D/o Shri Hamir Singh, W/o Shri Vipendra Pal Singh, Aged About 27 Years, R/o Brahmpuri, Vpo Kivrali, Tehsil Aburoad, District Sirohi, Rajasthan.

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----Petitioner

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Versus

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State Of Rajasthan, Through The Secretary, Department Of Rural And Panchayati Raj, Government Of Rajasthan, Jaipur, Rajasthan.

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The Secretary, Department Of Education, Government Of Rajasthan, Jaipur, Rajasthan.

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The Director, Elementary Education, Bikaner, District Bikaner, Rajasthan.

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The District Collector, Sirohi, District Sirohi, Rajasthan. 5. The Tehsildar, Office Of Tehsil Aburoad, District Sirohi, Rajasthan.

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----Respondents

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For Petitioner(s)	:	Mr. Mohan Singh Shekhawat, through VC
For Respondent(s)	:	Mr. Pankaj Sharma, AAG
		Mr. Sunil Beniwal, AAG, assisted by Mr. Piyush Bhandari,through VC

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JUSTICE DINESH MEHTA

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Order

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07/02/2022

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The present writ petition has been filed for the following reliefs:

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“(a) By an appropriate writ order or direction, any

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order denying to accept the online application form of the petitioner for the post of Teacher Grade-III (LevelII) S.St. TSP Area in pursuance amended advertisement dated 31.12.2021(Annex.6) for TSP Area may kindly be quashed and set aside.

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(b) By an appropriate writ order or direction, the respondents may kindly be directed to accept the online application form of the petitioner against the category of

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(2 of 3)

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[CW-1729/2022]

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TSP Area for the post of Teacher Grade-III (Level-II) S.St. in pursuance amended advertisement dated 31.12.2020 for TSP Area.”

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Learned counsel for the petitioner submitted that the petitioner was born in Brahmpuri, VPO Kivrali, Tehsil Aburoad, District Sirohi, Rajasthan, a TSP Area. He pointed out that when the petitioner applied for grant of Special Bonafide Resident Certificate (TSP Area), she was not issued the same, and was orally informed that since the petitioner has started residing in a non-TSP area, post her marriage, she is not entitled for the Special Bonafide Resident Certificate (TSP Area).

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Inviting attention of the Court towards circular dated 4.7.2016 and notification dated 21.10.2019, issued by the State Government, learned counsel for the petitioner argued that the respondents cannot deny grant of Special Bonafide Resident Certificate (TSP Area) to her. He prayed for a direction to the respondents to issue a TSP certificate.

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The prayer made by the petitioner appears to be reasonable and stand of the respondents is untenable. 5. The respondents cannot deny the petitioner Special Bonafide Resident Certificate (TSP Area) simply because she has moved out of TSP Area, as a consequence of her marriage. Special bonafide residence or residence is to be reckoned from the native place of residence of the candidate and his/her parents. It has nothing to do with marriage.

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The respondents nos.4 and 5 are directed to issue Special Bonafide Resident Certificate (TSP Area) to the petitioner in accordance with law. If the respondents are of the view that the petitioner is not entitled for grant of Special Bonafide Resident

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(3 of 3)

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[CW-1729/2022]

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Certificate (TSP Area), they shall pass a speaking order and send the same to the petitioner.

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For the purpose aforesaid, the petitioner shall furnish a representation alongwith the certified copy of the order instant and the photostat copy of the application, she claims to have filed. On receipt of the same, the Tehsildar concerned shall do the needful preferably within a period of 7 days.

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The writ petition is therefore allowed in above terms.

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The stay application also stands disposed of accordingly.

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(DINESH MEHTA),J

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116-pooja/-

Anu Deora v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Anu Deora v. State of Rajasthan

Case brief

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