Migrants to Rajasthan are entitled to obtain caste certificates as OBCs but cannot claim reservation benefits in public employment or elections based on those certificates.

JUDGMENT

The issue involved in these writ petitions is identical in nature, hence, these are decided by a common order.

The present writ petitions have been filed by the petitioners for seeking a direction to issue OBC Certificate in their favour as they have migrated to Rajasthan after their marriage and they were of OBC category in their parent State & they are also OBC in Rajasthan.

Learned counsel for the parties informed this Court that the issue relating to caste certificate has elaborately been decided by the judgment dated 18.09.2018 passed by the Division Bench of this Court in D.B. SAW No.1116/2018 (State of Rajasthan & Ors. v. Smt.Manju Yadav & Ors.).

Learned counsel for the parties further informed this Court that a Coordinate Bench of this Court, in S.B. Civil Writ Petition No.11093/2020 (Prem Devi v. State of Rajasthan & Ors.) vide order dated 24.09.2020, has also decided the issue of grant of caste certificate in favour of SC/ST & OBC candidates to consider them for the purpose of Panchayat Election by giving the benefit of reservation.

This Court finds that the Division Bench of this Court in the case of Manju Yadav (supra) has clearly held that females outside the State of Rajasthan on migrating to the State of Rajasthan after marriage may not be entitled to the benefit of reservation in public employment in the State of Rajasthan on account of being member of SC/ST or OBC in another State, however, these ladies can be entitled for issuance of SC/ST/OBC caste certificate.

This Court finds that in the case of Prem Devi (supra), following direction has been given by the Court for issuance of caste certificate, which read as under:-

"15. In view of the above discussion, all these petitions are disposed of in following manner:-

(i) The prayer of the petitioners for claiming the benefit of reservation in ongoing Panchayat Elections is hereby declined.

(ii) For issuance of caste certificate, the petitioners are at liberty to apply before the competent authority (concerned Sub- Divisional Magistrate) who shall expeditiously dispose of their application(s) after following due procedure and in case of rejection of the application, the petitioners may take available legal recourse.

(iii) In order to avoid any sort of confusion, to prevent misuse of caste certificates and to ensure clarity in issuing the certificates in favour of the persons who have migrated from other States to the State of Rajasthan, a note shall be prominently appended to such caste certificates as under:-

(a) On the basis of this certificate, the migrated person shall not be entitled to claim benefit of reservation in public employment and elections including Panchayat Elections.

(b) This certificate has been issued only for the limited purpose of claiming benefits specifically made available for such migrant persons in Government Schemes.

(c) Some other clarification may also be appended as deemed necessary.

(iv) Interim orders are vacated and stay applications stand disposed of."

This Court finds that the issue involved in the present writ petitions is no more res-integra.

Accordingly, the present writ petitions stand disposed of in terms of the judgment passed in the case of Prem Devi (supra).

The observations/directions therein will be followed by the respondents while considering the case of the petitioners for grant of caste certificate.

A copy of this order be placed in each connected petition.