JUDGMENT :

SANDEEP MEHTA, J.

1. These two intra-court appeals have been filed by the appellants-writ petitioners for assailing the order dated 13.01.2021 whereby a batch of writ petitions including the two Writ Petitions Nos. 18136/2019 and 16951/2019 preferred by the petitioners involving identical controversy were dismissed by the learned Single Bench of this Court.

2. Briefly stated issue which is involved in these appeals can be summarized as below:

Can an aspirant belonging to the reserved category for government service, upon migration to a TSP area in Rajasthan by virtue of marriage to a person of same category claim caste based TSP reservation benefit in terms of the notification dated 21.10.2019 issued by Governor of Rajasthan?

3. The appellants Damor Savita Bahen and Urmila Bahen are originally residents of Village Santrampur, District Panchmahal and Village Talwada, Taluka Kadana, District Mahisagar, Gujarat respectively where they were enjoying the status of Scheduled Tribes by virtue of certificates issued by the competent authority. The appellant Savita Bahen married Shri Pravin Kumar, resident of District Banswara in the year 2016 and upon migration, acquired a Special Caste Certificate issued by the Tehsildar Garhi District Banswara where her husband permanently resides. Similarly, the appellant Urmila Bahen married Shri Mohan Lal Damor, resident of District Dungarpur in the year 2014 and upon migration, she too acquired a Special Caste Certificate issued by the Tehsildar, Chhikhli, District Dungarpur.

4. The State of Rajasthan issued a notification dated 18.06.2018 inviting applications for recruitment of 637 posts of Female Health Workers for TSP area, of which 336 posts were reserved for candidates belonging to Scheduled Tribes. The appellants submitted online application forms staking a claim as TSP-ST candidates and relied upon domicile certificates and caste certificates issued with their respective spouses’ names. They were called for document verification in the TSP-ST category. However, their names did not reflect in the final select list of TSPST candidates and instead were included in the reserve list of TSP General candidates.

5. Both the appellants, stake a claim for appointment in the reserved category of TSP-ST in the subject recruitment process on the strength of the caste certificates obtained by them post migration into Rajasthan. However, their prayer was not accepted and the respondents, relegated both the appellants into the TSP General category wherein, they did not stand in merit and accordingly, their names were not reflected in the final select list. Being aggrieved by the non-inclusion of their names in the final select list of TSP-ST candidates, the appellants-writ petitioners, filed the writ petitions as above, basing their claim on the Notification dated 21.10.2019 issued by the Hon’ble Governor of Rajasthan asserting that under this notification, a person of SC/ST category by virtue of marriage to a bonafide resident of Rajasthan, would retain the caste status of the State of origin on migration. The writ petitions came to be rejected by the impugned order dated 13.01.2021 whereupon, these two intra-court appeals have been preferred.

6. Learned counsel Shri Pankaj Mehta, representing the appellants vehemently and fervently urged that both the appellants are of Damor caste which is recognized as a Scheduled Tribe category both in Gujarat as well as in Rajasthan and as such, by virtue of the Notification of 2019, both the appellants are entitled to be considered in the ST category upon migration to Rajathan by virtue of their marriage to spouses of same caste in Rajasthan. In support of his contention, Shri Mehta relied upon judgment of Hon’ble Supreme Court in the case of Director Transport Department Union Territory Administration of Dadra and Nagar Haveli Silvassa and Others vs. Mr. Abhinav Dipakbhai Patel, (2019) 6 SCC 434 and urged that a controversy identical to the one involved in the