Rajasthan High Court - Jaipur
State Of Rajasthan Through Secretary vs Smt. Manju Yadav, D/O Sh. Mahender Singh ... on 18 September, 2018
Bench: Chief Justice, G R Moolchandani
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Special Appeal Writ No. 1116/2018
1. State Of Rajasthan Through Secretary, Department Of
Personnel, Secretariat, Jaipur.
2. District Collector, Alwar, Rajasthan.
3. Sub Divisional Officer, Neemrana, District Alwar.
4. Tehsildar, Neemrana, District Alwar.
----Appellants
Versus
1. Smt. Manju Yadav, D/o Sh. Mahender Singh W/o Shri
Deshraj, Aged About 24 Years, R/o Village Doomroli,
Tehsil Neemrana, District Alwar (Rajasthan).
2. District Collector, Mahendragarh, Haryana.
3. Tehsildar, Narnaul, District Mahendragarh, Haryana.
----Respondents
For Appellant(s) : Mr.J.M. Saxena, AAG assisted by Ms.Charu Jain For Respondent(s) :
HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE G R MOOLCHANDANI Judgment 18/09/2018
1. Heard learned counsel for the appellants.
2. The issue of benefit of reservation is distinct from the entitlement of a person to apply for grant of an OBC/ ST/SC certificate.
3. In view of the Constitution Bench judgment delivered by the Supreme Court on 30/08/2018 in CA No.1085/2013 : Bir Singh Vs. Delhi Jal Board & Ors. and connected appeals, the issue of public employment has attained finality. A member of a (2 of 2) [SAW-1116/2018] Scheduled Caste or Schedule Tribe or OBC in a particular State cannot avail benefit of reservation in another State. Issue of benefit in Union Territories decided by the Constitution Bench is irrelevant for public employment in the State of Rajasthan.
4. Females outside the State of Rajasthan on migrating to Rajasthan, post marriage may not be entitled to the benefit of reservation in public employment in the State of Rajasthan on account of being a member of a SC or ST or OBC in another State.
5. But these ladies would certainly be entitled to be issued a SC or ST or OBC certificate. For the reason, apart from reservation in public employment these certificates may be relevant for grant of some benefit. For example, it may be a housing scheme. A migrant lady may claim benefit on the strength of the certificate if the scheme envisages domicile or residence as the entitlement for a house or a flat with reservation provided.
6. Under the circumstances, we find no infirmity in the directions issued by the learned Single Judge as to what procedure needs to be followed for grant of an OBC certificate applied for by a female who has migrated, post marriage, to the State of Rajasthan. We make it clear once again. Issue of public employment and benefit of reservation has been decided by the Supreme Court and thus our present order would not be misconstrued as enabling anybody to the benefit of reservation.
The present order concerns only to the issuance of a certificate applied for.
7. The appeal is dismissed.
(G R MOOLCHANDANI),J (PRADEEP NANDRAJOG),CJ anil/21 Powered by TCPDF (www.tcpdf.org)