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Reportable HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Special Appeal Writ No. 1695/2025 CNR: RJHC011012902025 | URN: SAW / 3046U / 2025 Baria Sharmishtha Ben W/o Sanjay Kumar Bhilwal, Aged About 40 Years, R/o Ward No. 07, Jhanjharwa Kalla, Banswara, Rajasthan.

----Appellant Versus

1. State Of Rajasthan, Through Its Principal Secretary, Medical And Health Department, Jaipur, Raj.

2. Joint Secretary, Medical And Health Department, Jaipur, Raj.

3. Director, State Institute And Health And Family Welfare, Jhalana Institutional Area, Near Doordarshan Kendra, Jaipur Raj.

----Respondents For Appellant(s) : Mr. C.S.Kotwani.

For Respondent(s) : Mr. N.S.Rajpurohit, AAG assisted by Ms Kanchan Jodha.

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR HON'BLE MR. JUSTICE CHANDRA SHEKHAR SHARMA

Order

05/11/2026

1. Heard learned counsel for the parties.

2. The present Special Appeal has been filed by the appellant against the order dated 23.09.2025 passed by learned Single Bench in S.B.Civil Writ Petition No.17547/2025 (Baria Sharmishtha Ben v/s State of Rajasthan & Ors.) whereby the writ petition filed by the appellant-petitioner has been dismissed.

3. Brief facts necessary to be noted are that the appellant- petitioner hails from the State of Gujarat and her caste is recognized in ST category in the State of Gujarat. Her marriage was solemnized with a person living in the State of Rajasthan having the same caste to which the appellant belongs. After her marriage, the appellant applied for appointment to the post of Nursing Officer and claimed reservation in ST category. The respondent State rejected candidature of the appellant in ST category and considered her candidature for appointment to the post of Nursing Officer in General Category. In these circumstances, the appellant preferred a writ petition before the learned Single Bench. However, relying upon the judgment of Hon’ble Supreme Court in the case of Ranjana Kumari Vs. The State of Uttarakhand & Ors. (Civil Appeal No.8425/2003, decided on 01.11.2018 [(2019) 15 SCC 664], the learned Single Bench vide its order dated 23.09.2025 dismissed the writ petition filed by the appellant-petitioner. Hence, the present appeal has been preferred.

4. Learned counsel for the appellant-petitioner vehemently argued that the appellant belongs to a caste which is considered in ST category in the State of Gujarat and on the same footing, in the State of Rajasthan, the caste to which the appellant belongs is also categorized as ST category, therefore, her candidature was required to be considered in ST category. He, therefore, prays that the order passed by the learned Single Bench may be quashed and set aside and the respondent State may be directed to consider the candidature of the appellant in ST category for appointment to the post of Nursing Officer.

5. Per contra, Mr. N.S. Rajpurohit, learned Additional Advocate General submits that the argument advanced by learned counsel for the appellant is not sustainable in view of the judgments rendered by the Hon’ble Supreme court in the cases of Marri Chandra Shekhar Rao v/s Dean Geth G.S. Medical College and others reported in (1990) 3 SCC, 130, Action Committee on the issue of Caste Certificate to Scheduled Castes and scheduled Tribes in the State of Maharashtra and Anr. V/s UOI & Anr. Reported in (1994) 5 SCC, 244 wherein it has been categorically held that if a person belongs to a reserved category in a particular State migrates for appointment in another State then candidature of that candidate will be considered in General Category. Learned counsel for the State also submits that there was a specific condition in the advertisement that if a candidate belonging to reserved category migrates in the State of Rajasthan, the candidature of such a candidate will be considered in general category. On the strength of the above arguments, learned AAG submits that the learned Single Bench has rightly dismissed the writ petition filed by the appellant