Aarti Yadav Daughter of Shri Rajkumar Wife of Shri Rajiv Kumar Yadav Vs the State of Rajasthan — Rajasthan HC (2026) — LawSathi Research

Aarti Yadav Daughter of Shri Rajkumar Wife of Shri Rajiv Kumar Yadav Vs the State of Rajasthan — Rajasthan HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the respondents to consider the petitioner's application for issuance of EWS certificate and, if she complies with all other prescribed conditions, to issue the certificate in accordance with law within four weeks; the earlier rejection of the application not to preclude reconsideration by the competent authority.

Issue for consideration

Whether the petitioner is entitled to issuance of an EWS (Economically Weaker Section) certificate notwithstanding the earlier rejection of her application for such certificate.

Court's answer

Having regard to the Co-ordinate Bench decision in Sunita Rani (supra), by which counsel submitted the EWS-certificate issue stood settled and in light of which State counsel undertook consideration of the application per Circular dated 20.10.2023, the Court disposed of the present writ petition on the same pattern.

Ratio / Principle

The respondents were directed to consider the petitioner's application for issuance of EWS certificate and, if she complies with all the other prescribed conditions, to issue the certificate in accordance with law within four weeks; the earlier rejection of the application would not preclude the competent authority from reconsidering it.

Key takeaways

The stay application as well as pending application(s), if any, also stand disposed of.ratio¶32

Detailed headnote1 paragraphs

Writ petition (S.B. Civil Writ Petition No. 2088/2026, Rajasthan High Court, Jaipur Bench) filed by Aarti Yadav seeking issuance of an EWS certificate, her earlier application standing rejected. Counsel for the petitioner relied on the Co-ordinate Bench (Principal Seat, Jodhpur) order dated 26.05.2025 in S.B. Civil Writ Petition No.9180/2025 (Sunita Rani Vs. State of Rajasthan & Ors.), in which the Court, noting Circular dated 20.10.2023, had directed issuance of an EWS certificate to a woman who migrated after marriage, held an OBC certificate issued by the State of Haryana and had applied as a General category candidate. Counsel for the respondents-State submitted that the authorities would consider the petitioner's application in light of Circular dated 20.10.2023. Ganesh Ram Meena, J., observing that the issue stood 'put to rest' by the Sunita Rani decision, disposed of the writ petition directing the respondents to consider the petitioner's EWS application and, if she complied with all other prescribed conditions, to issue the certificate in accordance with law within four weeks, the earlier rejection not precluding reconsideration; the stay application and pending applications were also disposed of.

[2026:RJ-JP:5926]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Civil Writ Petition No. 2088/2026

Aarti Yadav Daughter Of Shri Rajkumar Wife Of Shri Rajiv Kumar Yadav, Aged About 36 Years, Resident Of Village Matalwas, Tehsil Kotkasim, District Khairthal-Tijara, Rajasthan

----Petitioner

Versus

The State Of Rajasthan, Through Its Secretary, Department Of Personnel, Govt. Secretariat, Jaipur (Raj.)

The District Collector, Khairthal-Tijara, District KhairthalTijara.

The Tehsildar, Tehsil Kotkasim, District Khairthal-Tijara

The Sub Divisional Magistrate, Kotkasim, District Khairthal-Tijara (Raj.)

----Respondents

For Petitioner(s) : Mr. Sumer Singh Ola For Respondent(s) : Mr. Surya Pratap Singh Rajawat, for Mr. G.S. Gill, AAG

HON'BLE MR. JUSTICE GANESH RAM MEENA

Order

09/02/2026

Learned counsel appearing for the petitioner submits that the issue as regards the issuance of EWS certificate has been put to rest by the Co-ordinate Bench, Principal Seat at Jodhpur in S.B. Civil Writ Petition No.9180/2025 (Sunita Rani Vs. State of Rajasthan & Ors.) vide its order dated 26.05.2025.

Learned counsel appearing for the respondents-State submits that the respondents authorities will consider the application of the petitioner for issuance of EWS certificate in the light of Circular dated 20.10.2023.

(2 of 3)

[2026:RJ-JP:5926]

[CW-2088/2026]

3. The Co-ordinate Bench in case of Sunita Rani (supra) observed as under:-

“4. It is an admitted position that the petitioner has migrated to the State of Rajasthan after her marriage. It is also an admitted position that she has been denied the issuance of an EWS certificate solely on the premise that her OBC category certificate was issued by the State of Haryana. Furthermore, it is an admitted position that the petitioner applied for the EWS certificate considering herself to be a General category candidate.

Circular dated 20.10.2023 (Annexure-9) provides as under:

"vU; jkT; dh efgyk dks vks-ch-lh- izek.k i= ds vk/kkj ij jktLFkku esa fdlh Hkh HkrhZ esa vks-ch-lh- oxZ dks vkj{k.k ns; ugha gS] ijUrq vks-ch-lh- izek.k i= ds vk/kkj ij mls vkj{k.k ds vykok vU; ykHk izkIr gks ldrs gSaA vr% vU; jkT; dh dksbZ vks-ch-lh- ;qorh jktLFkku esa fdlh vks-ch-lh- ;qod ls 'kknh djrh gS vkSj mlus jktLFkku esa vks-ch-lh- dk izek.k i= ugha cuok;k gS rks mls jktLFkku esa lkekU; oxZ dh ekurs gq, bZ-MCY;w-,l- dk izek.k i= tkjh fd;k tk ldrk gSA ,slh ;qorh dks bZ-MCY;w-,l- dk izek.k i= ds vk/kkj ij HkfrZ;ksa esa bZ-MCY;w-,l- vkj{k.k dk ykHk fey ldrk gSA

vU; jkT;ksa ds vkjf{kr oxksZa ds ,sls vH;FkhZ tks fookgksijkUr jktLFkku jkT; ds ewy fuoklh cu x;s gSa] dks bZ-MCY;w-,l- vkj{k.k ds lEcU/k rnuqlkj dk;Zokgh dh tk;sA"

In view of the above specific Clause, the present writ petition is disposed of with a direction to the respondent authorities to consider the application (Annexure-5) of the petitioner as filed for issuance of an EWS certificate. If the petitioner complies with all the other conditions as prescribed for issuance of an EWS certificate, she be issued the same in accordance with law within a period of four weeks from now. The earlier rejection of the application would not preclude the competent authority from reconsidering the application.”

[2026:RJ-JP:5926]

[CW-2088/2026]

(3 of 3)

In view of the above, the present writ petition is also disposed of as under:-

(i) The respondents shall consider the application, if any, submitted by the petitioner for issuance of EWS certificate. If the petitioner complies with all the other conditions as prescribed for issuance of EWS certificate, she be issued the same in accordance with law within a period of four weeks from today. The earlier rejection of the application would not preclude the competent authority from reconsidering the application.

Stay application as well as pending application, if any, also stands disposed of.

(GANESH RAM MEENA),J

SHRUTI SHARMA /53