Rajasthan High Court - Jaipur
State Of Rajasthan Through The ... vs Smt Ravita Devi Daughter Of Shri Kansi ... on 18 December, 2018
Bench: Chief Justice, G R Moolchandani
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Special Appeal Writ No. 1718/2018
1. State Of Rajasthan Through The Principal Secretary,
Revenue Department, Secretariat, Jaipur.
2. District Collector, Alwar, Jhunjhunu.
3. The Sdm, Buhana, Jhunjhunu, (Raj).
4. The Tehsildar, Tehsil Buhana, District Jhunjhunu (Raj).
----Appellants
Versus
1. Smt Ravita Devi Daughter Of Shri Kansi Ram, Wife Of
Shri Manish Kumar, Aged About 28 Years, By Caste Khati,
Resident Of Village And Post Nuhaniyan, Tehsil Buhana,
District Jhunjhunu (Raj.)
2. District Collector, Bhiwani, Haryana.
3. S.d.m, Badha, District Bhiwani, Haryana.
4. Tehsildar, Tehsil Badha, District Bhiwani, Haryana.
----Respondents
For Appellant(s) : Mr. J.M. Saxena, AAG with Ms. Charu Jain For Respondent(s) :
HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE G R MOOLCHANDANI Order 18/12/2018
1. We overlook the defects not rectified by the appellants.
2. The appellants are aggrieved by the directions issued by the learned Single Judge directing grant of OBC/SC/ST certificates to females in the State of Rajasthan who migrated to State of Rajasthan post marriage.
3. It being settled law that status as a member of OBC/SC/ST has to be determined with reference to the State (2 of 2) [SAW-1718/2018] where the applicant was born with further reference to the caste or tribe of the father of the applicant the learned Single Judge has simply directed the method by which verification has to be effected with reference to the parentage of the applicant.
4. The issue of benefit of reservation for public employment is distinct from the entitlement of a person to apply for grant of OBC/SC/ST certificate and to be issued one.
5. Thus, clarifying that the issuance of the certificate applied for by the respondents would not be treated as an acceptance of the entitlement of the applicant to seek benefit of reservation in public employment in State of Rajasthan we find no infirmity in the impugned order which simply directs manner of the grant of the certificate applied for. The reason is that apart from reservation in public employment these certificates may be relevant for grant of some other benefit. For example, a housing scheme. A migrant lady may claim benefit on the strength of the certificate if a scheme envisages domicile or residence as an entitlement for a house or a flat; with reservation provided.
6. In view of the facts noted hereinabove the appeal is dismissed affirming the impugned order.
(G R MOOLCHANDANI),J (PRADEEP NANDRAJOG),CJ KKC/s-155 Powered by TCPDF (www.tcpdf.org)