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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Special Appeal Writ No. 873/2020 In D.B. Civil Writ Petition No.8413/2020 CNR: RJHC020686332020 | URN: SAW / 1367U / 2020 Santosh Devi W/o Karmveer D/o Mohar Singh ----Appellant Versus State of Rajasthan & Ors.

----Respondents For Appellant(s) : Mr. Sudhir Yadav For Respondent(s) : Mr. G.S. Gill, AAG with Ms. Shikha Sharma, Ms. Anisha Sharma and Mr. Aditya Singh HON'BLE MR. JUSTICE SUDESH BANSAL HON'BLE MR. JUSTICE ANUROOP SINGHI

Order

15/10/2026

1. Heard learned counsel for both parties on the stay application.

2. In the stay application, appellant – original writ petitioner has sought directions against respondents to permit her to contest the Panchayati Raj Election under SC Category.

3. In the writ petition, prayer was made by the appellant-writ petitioner for issuance of Caste Certificate of SC Category. The writ petition was filed by the appellant-writ petitioner, in the background because petitioner, admittedly, migrated from State of Haryana to State of Rajasthan, hence respondents refused to issue a caste certificate of SC Category to the petitioner for the reason that migrated person is not entitled to claim benefit of reservation in the State where he/she has migrated.

4. Learned Single Judge vide impugned judgment dated 24.09.2020, allowed the writ petition partially and while relying on the judgment of Hon’ble Supreme Court delivered in case of Bir Singh Vs. Delhi Jal Board & Ors. reported in (2018) 10 SCC 312, permitted petitioner to apply for issuance of Caste Certificate before the concerned authority and the concerned authority has been directed to issue Caste Certificate after following the due procedure but with a rider/note thereupon that “on the basis of this Caste Certificate, the migrated person shall not be entitled to claim benefit of reservation in public employment and elections including Panchayat Elections”. Learned Single Judge further made it clear that the Caste Certificate to petitioner has been permitted to be issued only for the limited purpose of claiming benefits specifically made available for such migrant person in government schemes.

5. Counsel for the appellant submits that the learned Single Judge erred in putting restrictions to use the Caste Certificate of petitioner for claiming reservation, in the elections including Panchayat Elections and to this extent, direction is arbitrary and beyond the spirit of the judgment of Hon’ble Supreme Court, in case of Bir Singh (supra), hence, to this extent, the operation of impugned judgment deserves to be stayed, so that consequentially, the Caste Certificate issued by respondents- authorities to petitioner may be used by her for claiming reservation available to the SC Category candidates in the coming Panchayati Raj Elections scheduled from 08.10.2026 to

06.11.2026.

6. Learned Additional Advocate General appearing on behalf of respondents pointed out that the Division Bench of this Court in an another case of State of Rajasthan & Ors. Vs. Manju Yadav & Ors. decided vide judgment dated 18.09.2018 while placing reliance on the judgment of Bir Singh (supra), put a restriction on claiming the benefit of reservation by the families, who have migrated from out of Rajasthan to the State of Rajasthan, in the public employment. Further, relying on the judgment dated 18.09.2018, the Division Bench of this High Court, in an another case of Rekha Kumari Vs. State of Rajasthan & Ors.:D.B. Special Appeal Writ No.319/2021 and other connected matter(s), decided the appeal finally vide common judgment dated 24.03.2023 and has specifically declined the prayer of appellants for claiming benefit of reservation in the Panchayat Election based on the basis of Caste Certificate issued in favour of migrated person and further, direction have been issued to put a note on the caste certificate that the migrated person shall not be entitled to claim benefits of reservation in public emplo