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Rajasthan High Court - Jodhpur

Hetal Chandrabadan Kharadi vs The State Of Rajasthan on 21 December, 2022

Author: Arun Bhansali

Bench: Arun Bhansali

      HIGH COURT OF JUDICATURE FOR RAJASTHAN

                              AT JODHPUR


               S.B. Civil Writ Petition No. 19323/2022

Hetal Chandrabadan Kharadi W/o Shri Atith Garasiya, age 32
Years, R/o Vardan Bhawan Behind Mamaji Statue, Garasia Fala
Gram Panchayat, Madkola Mogji, Tehsil Anandpuri, District
Banswara (Raj.).
                                                                   ----Petitioner
                                   Versus
1.     The State of Rajasthan through Secretary, Department of
       Medical Health and Family Welfare, Jaipur.
2.     Director, State of Medical and Health Welfare Institute,
       Jaipur.
3.     The Office of Tehsildar and SDO, Tehsil Anandpuri District
       Banswara.
                                                                ----Respondents


For Petitioner(s)        :     Mr. Ravindra Paliwal &
                               Mr. Parikshit Nayak.
For Respondent(s)        :     Mr. Shreyansh Mehta on behalf of
                               Mr. Karan Singh Rajpurohit, AAG.



              HON'BLE MR. JUSTICE ARUN BHANSALI

Order 21/12/2022 The issue raised in the petition is squarely covered by order of this Court in Damor Savita Bahen vs. State of Rajasthan : D.B. Special Appeal Writ No.277/2021 decided on 14.03.2022 wherein the Division Bench of this Court has come to the following conclusion:

"As a consequence of the above discussion, we find that the learned Single Bench was absolutely justified while repelling the claim of the appellants-writ petitioners in the featured recruitment process and dismissing their writ petitions for being considered as scheduled tribe (Downloaded on 21/12/2022 at 11:55:47 PM) (2 of 2) [CW-19323/2022] candidates post migration into Rajasthan by virtue of their marriage. The impugned order dated 13.01.2021 does not suffer from any infirmity whatsoever warranting interference. Consequently, both the appeals fail and are dismissed as being devoid of merit."

In view of above legal position, no case for issuing any directions, as sought by the petitioner, is made out. The writ petition is, therefore, dismissed.

The petitioner would be free to apply to the competent authority for issuance of the certificate, which shall not be valid for public employment.

(ARUN BHANSALI),J 221-DJ/-

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