Rajasthan High Court - Jaipur
Smt. Manju Daughter Of Shri Krishan ... vs The State Of Rajasthan on 31 May, 2019
Author: Veerendr Singh Siradhana
Bench: Veerendr Singh Siradhana
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 9827/2019
Smt. Manju Daughter Of Shri Krishan Kumar, Wife Of Shri
Mahipal Singh, Aged About 26 Years, By Caste Ahir (O.b.c.),
Resident Of Village Tiba Ki Dhani Post Giglana Tehsil Neemrana,
District Alwar (Raj.)
----Petitioner
Versus
1. The State Of Rajasthan, Through The Secretary,
Derpartment Of Perosonnel Secretariat, Jaipur.(Raj.)
2. The District Collector, Alwar, District Alwar.
3. The Sub Divisional Magistrate, Neemrana, District Alwar
(Raj.)
4. The Tehsildar, Tehsil Neemrana, District Alwar.
5. The District Collector, Rewari , Ditstrict Rewari,haryana.
6. The Sub Divisional Magistrate, Rewari, District Rewari ,
Haryana.
7. Tehsildar, Tehsil Rewari, District Rewari, Haryana.
----Respondents
For Petitioner(s) : Mr. Hira Lal Gothwal For Respondent(s) :
HON'BLE MR. JUSTICE VEERENDR SINGH SIRADHANA Order 31/05/2019 Learned counsel for the petitioner, at the very outset, submits that the controversy raised in the instant writ application is no more res-integra in view of the adjudication by a Division Bench of this Court in the case of State of Rajasthan & Ors. Versus Smt. Manju Yadav & Ors.: D.B. Special Appeal (Writ) Number 1116 of 2017, decided on 18th September, 2018, observing thus:(Downloaded on 06/06/2021 at 12:47:31 PM)
(2 of 4) [CW-9827/2019] "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 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 (Downloaded on 06/06/2021 at 12:47:31 PM) (3 of 4) [CW-9827/2019] 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."
Learned counsel further submits that while disposing of S.B. Civil Writ Petition Number 3968 of 2017: Smt. Manju Yadav Versus State of Rajasthan & Ors., along with connected matters, the learned Single Judge observed thus:
"In any case, present writ petitions are disposed of with following directions, as agreed -
1. The circular dated 8.4.1994,issued by Central Government is made applicable in the present cases also, however, OBC certificate would be issued by the State authorities only after getting verification of father's income and caste from the State from where a candidate has migrated. The required verification would be sought by the SDO to whom application is submitted by the candidate. In case, verification is sought, the prescribed authority of the State of Haryana would send it not only indicating the category in which the candidate falls i.e. whether OBC or any other category in their State and the income of the candidate's father as to whether he is falling in creamy layer or not. The assessment of the creamy layer would be in reference to what is prevalent in the State of Haryana. It would be after proper verification and giving details. Accordingly, all the authorities in the State of Haryana, impleaded as party respondents in majority of writ petitions, would comply the direction aforesaid in consonance to the circular dated 8.4.1994.
2. On receipt of verification from the prescribed authority of the State of Haryana, competent authority in the State of Rajasthan would appropriately issue OBC certificate indicating whether the candidate is (Downloaded on 06/06/2021 at 12:47:31 PM) (4 of 4) [CW-9827/2019] falling in the creamy layer or not. The said certificate would be issued only if the petitioner was an OBC candidate in the State of Haryana and is falling in the same category in the State of Rajasthan and not otherwise. The direction aforesaid would resolve the grievance in regard to issuance of OBC certificate. The compliance of this order would be made by the parties in the State of Rajasthan as well as State of Haryana in consonance to the circular issued by the Government of India dated 8.4.1994.
3. The competent authority in the State of Rajasthan would take steps for issuance of caste certificate at the earliest.
4. The issuance of caste certificate/certificate for taking benefit of reservation would remain subject to final outcome of the judgment of the Apex Court. If it goes against then petitioner/s, would not be entitled to get benefits of reservation. A copy of this judgment be placed in each connected file."
In view of the above; learned counsel prays for disposal of the instant writ application in terms of the order in the case of Smt. Manju Yadav & Ors. (supra).
Accordingly, the instant writ application stands disposed off in terms of the order in the case of Smt. Manju Yadav & Ors.
(supra).
(VEERENDR SINGH SIRADHANA),J SUNIL SOLANKI /19/107 (Downloaded on 06/06/2021 at 12:47:31 PM) Powered by TCPDF (www.tcpdf.org)