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2016 Supreme(Raj) 460

IN THE HIGH COURT OF RAJASTHAN
Jaishree Thakur, J.
Mukesh Kumari - Petitioner
Versus
The State of Rajasthan & ors - Respondents
Civil Writ Petition No. 12008 of 2015
Decided On : 17-2-2016

Advocates:
Advocate Appeared:
For the Petitioner: R.S. Choudhary, S.S. Gour
For the Respondents: K.L. Thakur

Headnote:

Civil Procedure Code, 1908 – Petitioner applied under the Schedule Caste Category for the post of A.N.M. pursuant to an advertisement marks. After verification of documents a list was prepared and against her name, it was mentioned that the Caste Certificate issued is in the name of her husband, therefore, she would not be entitled for reservation and her candidature was considered against the General Category – Petitioner was born in Haryana in Bawaria caste, which is recognised as Scheduled Caste – Father of the petitioner submitted an application before the Sub-Divisional Officer, Rewadi for getting a Caste Certificate and the same was duly issued by the officer concerned showing the caste of the petitioner to be recognised as Scheduled Caste –Held, Petitioner had produced a caste certificate with her husbands name issued by the State of Rajasthan after due verification by the Tehsildar Rewadi – Thus by placing reliance upon the judgment referred to above, it is held that the petitioner who was belonging to the Scheduled Caste before her marriage and subsequently, also had a certificate issued by the Tehsildar at Bhadara is entitled to be considered in the Scheduled caste category and the State acted arbitrarily in rejecting her candidature – Writ petition is allowed.

JUDGMENT :

Jaishree Thakur, J.

Aggrieved by the non-consideration of Caste Certificate of the petitioner by the respondents and denial of benefit of reservation on the basis of the said Caste Certificate, the present writ petition has been filed.

2. Being eligible, the petitioner applied under the Schedule Caste Category for the post of A.N.M. pursuant to an advertisement dated 26.2.2013 and secured 53.933 marks. After verification of documents a list was prepared and against her name, it was mentioned that the Caste Certificate issued is in the name of her husband, therefore, she would not be entitled for reservation and her candidature was considered against the General Category. The petitioner was born in Haryana in Bawaria caste, which is recognised as Scheduled Caste. The father of the petitioner submitted an application before the Sub-Divisional Officer, Rewadi for getting a Caste Certificate and the same was duly issued by the officer concerned showing the caste of the petitioner to be recognised as Scheduled Caste. The petitioner also submitted an application before Tehsildar Bhadara for obtaining certificate of Scheduled Caste Category. The Tehsildar, Bhadara sent the said application to the Tehsildar Rewadi for ascertaining about the caste and the Tehsildar Rewadi, Haryana made his report that the petitioner was belonging to Bawaria caste which falls in the Scheduled Caste Category. Based on this, the Tehsildar Bhadara issued a Caste Certificate in favour of the petitioner on 21.8.2012 while mentioning that the petitioner belongs to Scheduled Caste Category. These certificates submitted to the respondents, but despite this, the candidature of the petitioner has not been considered in Scheduled Caste Category and she has been put into the General Category, thus being denied the benefit of reservation.

3. Mr. R.S. Choudhary, learned counsel appearing on behalf of the petitioner contends that the petitioner is entitled to be given the benefit of reservation as the Caste Certificate issued by the Tehsildar Bhadra has been issued after due verification. It is argued that once married and settled in village Beedbhadra, the certificate so issued should be taken into consideration as the petitioner belongs to Scheduled Caste Category, as recognised in the State of Haryana as well as in the State of Rajasthan. She got married with Balveer Singh on 27.1.1992 and the marriage was got registered on 1.3.2012. Since the petitioner was residing in Rajasthan at Village Beedbhadra, she submitted an application form before Tehsildar Bhadara for getting the Caste Certificate and the same was sent to Tehsildar Rewadi for report. A report was then submitted that the caste of the petitioner is falling under the Scheduled Caste Category and on the basis of said recommendation, the Tehsildar Bhadara issued a Caste Certificate on 21.8.2012.

4. Per contra, learned counsel for the respondents has argued that as per clause 4(iv) of the advertisement dated 26.2.2013, it has been specified that married women belonging to Scheduled Caste/Scheduled Tribe should produce Caste Certificate issued by the competent authority of the Government of Rajasthan mentioning their father's name/residence. The Caste Certificate issued mentioning their husband's name/residence will not be valid. It is further contended that the guidelines had been provided by the Home department, Government of India, vide a Circulars dated 6.8.1984 and 21.10.2002 regarding verification of claim of the candidates belonging to the Scheduled Castes and Scheduled Tribes who had migrated from the other State/Union Territory. Thus, on the basis of this circular, a married woman had to produce the certificate of her father, showing that she belongs to a Scheduled Caste Category and it was on this basis that clause 4(iv) of the advertisement came to be introduced.

5. I have heard learned counsel for the parties and have perused the record of the case.

6. Admittedly, the petitioner applied for th













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