Back
2020 Supreme(Raj) 85
IN THE HIGH COURT OF RAJASTHAN AT JAIPUR BENCH
Inderjeet Singh, J.
Shaharuna Daughter – Appellant
Versus
The State of Rajasthan and Ors. – Respondent
S.B. Civil Writ Petition No. 1280 of 2020
Decided On : 24-01-2020
For the Appellant : Rajendra Singh
For the Respondent: Anil Mehta, AAG
Migrated persons are entitled to SC/ST/OBC certificates in Rajasthan, but they are not entitled to employment benefits based on caste status in their previous state.
Headnote:
CERTIFICATE OF SC/ST/OBC - GRANT TO MIGRATED PERSONS - RAJASTHAN SERVICE RULES, 1951 - RULE 21-A - CONSTITUTION OF INDIA, 1950 - ARTICLES 15(4), 16(4) - INTERPRETATION - APPLICABILITY TO MIGRATED PERSONS - CONDITIONS FOR GRANT OF CERTIFICATE - EMPLOYMENT BENEFITS EXCLUDED.
Fact of the Case:
Petitioner sought a certificate of SC/ST/OBC status after migrating to Rajasthan through marriage. The State authorities denied the certificate, citing ineligibility for employment benefits in Rajasthan based on caste status in another state.
Finding of the Court:
The court relied on the judgment of a coordinate bench in Smt. Bimla v. State of Rajasthan & Ors., which held that while migrated persons are entitled to SC/ST/OBC certificates, they are not entitled to employment benefits based on caste status in their previous state.
Issues: 1. Whether a migrated person is entitled to a certificate of SC/ST/OBC status in Rajasthan? 2. Whether a migrated person is entitled to employment benefits based on caste status in their previous state?
Ratio Decidendi: 1. The court held that migrated persons are entitled to SC/ST/OBC certificates in Rajasthan, as per the directions issued by the single bench in Smt. Manju Yadav v. State of Rajasthan & Ors. 2. The court held that migrated persons are not entitled to employment benefits based on caste status in their previous state, as per the judgment of the Supreme Court in Bir Singh v. Delhi Jal Board & Ors.
Final Decision: The court disposed of the writ petition in terms of the judgment passed by the coordinate bench in Smt. Bimla v. State of Rajasthan & Ors., and the single bench in Smt. Manju Yadav v. State of Rajasthan & Ors. The claim of the petitioner in respect of employment was not entertained.
ORDER :
Inderjeet Singh, J.
1. The issue involved in this writ petition is with regard to grant of certificate of SC/ST/OBC to the petitioner.
2. Counsel for the petitioner submits that the issue involved in this writ petition has been considered by the Co-ordinate Bench of this Court in the matter of Smt. Bimla Vs. State of Rajasthan & Ors., (S.B. Civil Writs No. 19160/2018) decided on 26.09.2018, wherein it has been held as under:-
"The issue involved in all these petitions is common and as such the petitions are decided by the present common order.
The issue is with regard to grant of OBC/SC/ST certificates to the petitioners. The petitioners in the writ petitions have pleaded that the State Government has not issued them certificates of their caste i.e. OBC/SC/ST. The petitioners have pleaded in the writ petitions that after marriage, they have settled in the State of Rajasthan and as such now they have become permanent residents of the State of Rajasthan. The petitioners have pleaded that the State Government in the matter of employment, is not considering their cases as the petitioners have migrated from other State and further the State Authorities are not entertaining their applications for issuance of certificates of OBC/SC/ST. The petitioners have pleaded that in their respective State, they belonged to a particular category i.e. OBC/SC/ST and after their migration in the State of Rajasthan on account of their marriage being solemnized in Rajasthan, the status of their caste is the same but still the respondents-State authorities have failed to grant them certificate of OBC/SC/ST and further deprived them from employment in such reserved category.
Learned counsel for the petitioners have submitted that if the candidates belong to a particular caste i.e. OBC/SC/ST in a particular State, after their marriage, if they have migrated in other State, the same status cannot be denied to them and in particular, when their caste after marriage with their husband, is falling in a particular category i.e. ST/SC/OBC, the benefit of reservation in public employment cannot be denied. Learned counsel for the petitioners have submitted that the respondents in some cases, even have not entertained the applications for issuance of certificates and in some cases even such certificates have not been issued.
Mr. J.M. Saxena, Addl. Advocate General who appears for the State has submitted that controversy with regard to grant of particular certificate belonging to a caste and consideration of the same for the purposes of employment, has been settled by the Apex Court in Civil Appeal No. 1085/2013 [Bir Singh Vs. Delhi Jal Board & Ors.]. Leaned counsel has further submitted that the Division Bench of this Court in DB Special Appeal (Writ) No. 1116/2017 [State of Rajasthan & Ors. Vs. Smt. Manju Yadav & Ors.] dt. 18.09.2018, has also decided the similar controversy.
Learned counsel has submitted that the Division Bench has made it clear that the issue of benefit of reservation is distinct from the entitlement of a person to apply for grant of OBC/SC/ST certificates. Learned counsel for the respondents has submitted that the Division Bench has further passed the order on 20.09.2018 in D.B. Special Appeal (Writ) No. 749/2017 [Smt. Poonam Yadav Vs. State of Rajasthan & Ors.] and other connected petitions.
It would be appropriate to quote the order passed by the Division Bench of this Court in D.B. Special Appeal (Writ) No. 1116/2018 (supra) decided on 18.09.2018.
"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
