Rajasthan High Court - Jaipur
State Of Rajasthan vs Smt. Sudha Yadav D/O Shri Jai Singh W/O ... on 21 May, 2019
Bench: Mohammad Rafiq, Narendra Singh Dhaddha
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Special Appeal Writ No. 99/2019
1. State Of Rajasthan, Through Secretary, Department Of
Personnel Secretariat, Jaipur
2. District Collector Alwar, District Jhunjhunu Raj.
3. Sub Divisional Officer, Buhana, District Jhunjhunu Raj.
4. Tehsildar, Tehsil Buhana, District Jhunjhunu Raj.
----Appellants
Versus
1. Smt. Sudha Yadav D/o Shri Jai Singh W/o Shri Amit Kumar,
B/c Yadav (Ahir) R/o Village Jhanjha Tehsil Buhana, District
Jhunjhunu Rajasthan
2. District Collector Rewari, District Rewari Haryana
3. Tehsildar Rewari, District Rewari Haryana
----Respondents
For Appellant(s) : Mr. S.S. Raghav, AAG For Respondent(s) :
HON'BLE MR. JUSTICE MOHAMMAD RAFIQ HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order 21/05/2019 Even though, the matter has been listed on defect side but learned Additional Advocate General at the outset fairly submitted that the issue involved in the present matter has already been decided by this Court in DB Special Appeal (Writ) No.1116/2018 (State of Rajasthan & Ors. Vs. Smt. Manju Yadav & Ors.); vide judgment dated 18.09.2018 against the similar judgment as passed by the learned Single Judge in the present case, has been dismissed with certain observations. The order aforesaid reads as under:-
"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.(Downloaded on 29/06/2019 at 03:01:17 AM)
(2 of 2) [SAW-99/2019]
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 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."
In view of above, the appeal is dismissed in the same terms as aforesaid.
(NARENDRA SINGH DHADDHA),J (MOHAMMAD RAFIQ),J Manish/RS/6 (Downloaded on 29/06/2019 at 03:01:17 AM) Powered by TCPDF (www.tcpdf.org)