M.N. Bhandari, J.

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 also in the light of the aforesaid judgment.

2. 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 dated 8.4.1994, issued by the Government of India in regard to the same issue. The circular aforesaid is reproduced here asunder -

"Ministry of Welfare Letter No. 12011/11/94-BCC(C), dated the 8th April, 1994, to the Chief Secretaries of all States/Uts Subject: Issuing of Other Backward Class Certificates to migrants from other States/Uts.

In continuation of the DOPT's letter No. 36012/22/93-Estt.(SCT) dated 15th November, 1993, I am directed to say that it has been represented to this Department that persons belonging to OBC's who have migrated from one State to another for the purpose of employment, education, etc. experience great difficulty in obtaining caste certificates from the State from which they have migrated. In order to remove this difficulty, it has been decided that the prescribed authority of a State/U.T. Administration in terms of the DOPT letter No. 36012/22/93-Estt.(SCT) dated 15th November, 1993 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 except where the prescribed authority feels that a detailed enquiry is necessary through the State of o