Disposed

Sunita D/O Shri Ramniwas W/O Shri Krishan Kumar Yadav v. the State of Rajasthan

Rajasthan HC20 Apr 2023CW/2884/2023

Case brief

AI extract

What is this about?

The High Court exercised jurisdiction to dispose of the writ petition for issuance of an Economically Weaker Section (EWS) Certificate. The Court resolved that the legal position is settled by a prior order and disposed of the present matter in identical terms, directing the petitioner to apply to the competent authority for an enquiry.

What did the court decide?

Disposed of in terms of order dated 31.01.2022 in Manika Yadav case; petitioner directed to apply to SDM for enquiry.

Sunita D/O Shri Ramniwas W/O Shri Krishan Kumar… — Writ and Judicial Review | Rajasthan HC (2023)

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[2023/RJJP/007487]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 2884/2023

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Sunita D/o Shri Ramniwas W/o Shri Krishan Kumar Yadav, Aged About 33 Years, Resident Of Village Meena Ki Nangal, Tehsil Neemkathana, District Sikar (Raj.)

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----Petitioner

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Versus

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The State Of Rajasthan, Through Its Principal Secretary, Department Of Personnel, Secretariat, Jaipur.

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District Collector, Sikar.

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Sub Divisional Magistrate, Neemkathana, District Sikar.

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Tehsildar, Neemkathana, District Sikar.

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----Respondents

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For Petitioner(s) : Mr. Lokesh Kumar Verma. For Respondent(s) : Mr. Shailesh Sharma, AGC.

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HON'BLE MR. JUSTICE INDERJEET SINGH

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Order

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20/04/2023

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Learned counsels for the respective parties submitted that the issue involved herein, i.e., as to issuance of Economically Weaker Section Certificate taking into account income and assets of the persons, is no more res integra and stands resolved by a co-ordinate Bench order of this Court dated 31.01.2022 passed in

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S.B. Civil Writ Petition No.1493/2022; Manika Yadav Vs.

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State of Rajasthan & Ors. and prayed that this writ petition may also be disposed of in similar terms. In case of Manika Yadav (supra) following directions were issued by this Court:“Accordingly, this writ petition is disposed of with direction to the petitioner to make an application before the concerned Sub Divisional Magistrate, who shall carry out

[2023/RJJP/007487]

[CW-2884/2023]

(2 of 2)

the necessary enquiry as required under the law and if petitioner is found entitled for EWS certificate, the same may be issued within a period of one month from the date of receipt of the application. The Competent Authority is required to look into the entitlement of the candidates for the purpose of issuing certificate in EWS category and this certificate is not in relation to any caste or category. This Court also makes it clear that the observations of this Court in respect of grant of EWS certificate, will not have any bearing on entitlement of the petitioner to get benefit except that issuance of certificate will be in pursuance of circular issued by the State Government.”

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Taking into consideration the contentions advanced by learned counsels for the respective parties, this writ petition is disposed of in terms of order dated 31.01.2022 passed in case of Manika Yadav (supra) which shall apply mutatis mutandis to this case also.

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(INDERJEET SINGH),J

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MG/105(same)

Sunita D/O Shri Ramniwas W/O Shri Krishan Kumar Yadav v. the State of Rajasthan

Case brief

What is this about?

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Sunita D/O Shri Ramniwas W/O Shri Krishan Kumar Yadav v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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