A Bench at Jaipur disposed of a writ petition concerning the issuance of an Economically Weaker Section Certificate. The court resolved the issue by applying a prior order relative merits.
Writ petition disposed of by applying the order in Manika Yadav Vs. State of Rajasthan & Ors.
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.
[2023/RJJP/007495]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 2897/2023
Vandana W/o Shri Bhartesh Joshi D/o Shri Murari Lal, Aged About 30 Years, R/o Village Nayasrana, Tehsil Neemrana, District Alwar, Rajasthan.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Bhartesh Joshi. For Respondent(s) : Mr. Shailesh Sharma, AGC.
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
20/04/2023
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
S.B. Civil Writ Petition No.1493/2022; Manika Yadav Vs.
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/007495]
[CW-2897/2023]
(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.”
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.
(INDERJEET SINGH),J
MG/173(same)
Colour shows how this judgement treated each authority
Manika Yadav Vs. State of Rajasthan & Ors.Applied¶16
Vandana W/o Shri Bhartesh Joshi
State Of Rajasthan
District Collector, Alwar
Sub Divisional Magistrate, Neemrana
Tehsildar, Neemrana
INDERJEET SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
