The prescribed authority of a State/U.T. Administration may issue the OBC Certificate to a person who has migrated from another State on the production of a genuine certificate issued to his father by the prescribed authority of the State of his father's origin.

Pushpendra Singh Bhati, J.

The petitioner has preferred this writ petition for the following reliefs :-

"(a) by an appropriate writ, order or direction, the act and action on the part of respondents in denial of issuing the OBC (Non-Creamy Layer) certificate to the petitioner may kindly be declared highly illegal, arbitrary, unjust and the same may kindly be quashed and set aside.

(b) by an appropriate writ, order or direction, the respondents may kindly be directed to issue/renew OBC (Non-Creamy Layer) certificate to the petitioner.

(c) The respondent Appointing Authority may kindly be directed to provide appointment to the petitioner on the post of Teacher Grade III Level II (English)

(d) Any other appropriate writ, order or direction which this Hon'ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner.

e) Writ petition filed by the petitioner may kindly be allowed with costs."

2. Counsel for the parties agree that the controversy involved in this petition is covered by judgment of this Court (Jaipur Bench) in Smt. Sunita Yadav & Anr. v. State of Rajasthan & Ors. (S.B. Civil Writ Petition No. 20815/2017, decided on 06.12.2017); the judgment aforesaid is reproduced as under :-

"It is stated that the controversy involved in this writ petition has already been decided by this court in the bunch of writ petitions led by SB Civil Writ Petition No. 3968/2017, Manju Yadav v. State of Rajasthan & ors", decided on 29.11.2017. The prayer is made to dispose of this writ petition in the light of the aforesaid judgment.

In the bunch of writ petitions aforesaid, following order was passed -

"The bunch of writ petitions have been heard with consent of the parties. The controversy involved in the present writ petitions is about non-issuance of Other Backward Class Certificate (OBC certificate) in favour of the petitioner by the State of Rajasthan.

It is urged that such certificates were earlier issued in favour of the petitioners with their father's name but, now, it has been denied. In view of the above, a direction is sought against the respondents for issuance of OBC certificate.

The petitioners belong to the State of Haryana. They migrated to State of Rajasthan after marriage. The issue as to whether they are entitled to seek benefit of reservation in State of Rajasthan on migration is pending consideration before the Apex Court and outcome thereof would decide the issue aforesaid.

The controversy in the present matter is slightly different. It is in regard to non-issuance of OBC certificate by State of Rajasthan. It is admitted by the parties that reservation in the quota of OBC is given only when certificate shows candidate falling in the creamy layer in reference to father's income and of the husband. In view of the above, status of the petitioners is determined vis-a-vis her father as to whether he is falling in the creamy layer or not. Since the petitioners have migrated from the State of Haryana thus OBC certificate in the name of the father were earlier issued by the said State.

It is, however, a fact that certain writ petitions came before the High court wherein direction was given to the Tehsildar concerned of the Tehsil in the State of Rajasthan to seek verification of the status petitioner's father from State of Haryana. It is stated by the learnded AAG Shri JM Saxena that without proper verification, caste certificates have been issued.

In the subsequent litigation, this court held that without proper verification of the income of the petitioner's father, caste certificate cannot be issued and it should be from the State concerned. It was also found that, officers of the State of Haryana have been made party so as to give direction for issuance of caste certificates to the petitioners. The Judgments in second set of litigation, are pending consideration before the Division Bench.

Learned counsel for petitioners have brought to the notice of this court a circular