Disposed

Sujata Kumari D/O Shri Vikram Singh W/O Shri Gajendra Singh Jasaiwal v. State of Rajasthan

Rajasthan HC28 Mar 2023CW/3303/2023

Case brief

AI extract

What is this about?

This writ petition sought directions for issuance of an EWS certificate. The Court disposed of the case by directing the petitioner to file an application before the concerned Sub Divisional Magistrate for necessary enquiry and eligibility determination within the procedural framework established by the State Government circular.

What did the court decide?

Direction to the petitioner to make an application before the concerned Sub Divisional Magistrate for enquiry and issuance of EWS certificate.

Sujata Kumari D/O Shri Vikram Singh W/O… — Pension and Retirement Benefits | Rajasthan HC (2023)

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[2023/RJJP/005078]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 3303/2023

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Sujata Kumari D/o Shri Vikram Singh W/o Shri Gajendra Singh Jasaiwal, Aged About 38 Years, Resident Of Village Mundanwara Kalan, Tehsil Mundawar, District Alwar, Rajasthan.

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----Petitioner

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Versus

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State Of Rajasthan, Through Secretary, Department Of Personnel, Secretariat, Jaipur.

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Principal Secretary, Social Justice And Empowerment Department, State Of Rajasthan, Secretariat, Jaipur. Rajasthan.

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District Collector Alwar, District Alwar, Rajasthan.

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S.d.o. Mundawar, District Alwar, Rajasthan.

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Tehsildar, Mundawar, District Alwar, Rajasthan.

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----Respondents

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For Petitioner(s) : Mr. S.L. Lamba Mr. Vijay Singh Yadav. For Respondent(s) : Mr. Shailesh Sharma.

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HON'BLE MR. JUSTICE INDERJEET SINGH

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Order

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28/03/2023

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The petitioner in this writ petition has sought direction against the State-Authorities to issue him economically weaker sections certificate by taking into account income and assets of the persons to be eligible for grant of such certificate as per circular issued by Department of Personnel, State of Rajasthan dated 10.02.2020.

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Learned counsel for the petitioner submitted that the instructions have been issued as per circular dated 10.02.2020 in respect of persons who have migrated from other States and who

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want to get certificate of EWS category for the purpose of employment in the State of Rajasthan.

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Learned counsel for the petitioner submitted that the application was submitted by the petitioner, the application was returned back by Competent Authority-SDO and as such application was not considered as per circular dated 10.02.2020.

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Learned counsel for the petitioner submitted that Coordinate Bench of this Court in S.B. Civil Writ Petition No.322/2020 (Smt. Neetu Kumari Versus State of Rajasthan) has also considered the issue of grant of EWS certificate after ascertaining the income and this Court has directed that the concerned Sub Divisional Magistrate who carry out the necessary enquiry as required under the law and persons if found eligible to such certificate, the same may be issued within a period of one month from the date of receipt of the application filed therein.

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Learned counsel appearing for the petitioner does not dispute that the Government has already issued the circular dated 10.02.2020 and as such the Competent Authority is required to look into the application filed by any applicant and after following the procedure as prescribed in the circular, the Authorities are competent to issue certificate of EWS category.

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I have heard the submissions made by learned counsel for the petitioner.

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This Court finds that the circular dated 10.02.2020 has laid down the procedure as how certificate to a candidate belonging to EWS category is to be granted after satisfying the requirement of

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getting certificate from Competent Officer, SDM or equivalent rank of the Migrating State, duly verified about income of the persons.

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This Court further finds that Coordinate Bench has also given similar directions to the candidates to make application before the Sub Divisional Magistrate, who has to carry out necessary enquiry as required under the law.

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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 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.

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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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(INDERJEET SINGH),J

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MG/210(Same)

Sujata Kumari D/O Shri Vikram Singh W/O Shri Gajendra Singh Jasaiwal v. State of Rajasthan

Case brief

What is this about?

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Sujata Kumari D/O Shri Vikram Singh W/O Shri Gajendra Singh Jasaiwal v. State of Rajasthan

Case brief

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