HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Writ Petition No. 2058/2022

Ankita Kanwar W/o Ajaypal Singh Deora, Aged About 28 Years,

R/o Village-Bhagli, Tehsil- Bali, District- Pali, Raj.

----Petitioner

Versus

1.

The State Of Rajasthan, Through The Secretary,

Department Of Personnel, Secretariat, Main Building,

Bhagwan Das Road, Jaipur, Rajasthan.

2.

The Secretary, Social Justice And Empowerment

Department, G-3/1, Ambedkar Bhawan, Rajmahal

Residency Area, Jaipur.

3.

The District Collector, Pali.

4.

The Sub Divisional Magistrate, Bali, District Pali.

5.

The Tehsildar, Bali, District Pali.

----Respondents

For Petitioner(s)

:

Mr. B.S. Deora, through VC

For Respondent(s)

:

JUSTICE DINESH MEHTA

Order

07/02/2022

1.

By way of the present writ petition, petitioner has prayed for

a direction to the respondents to issue ‘EWS’ (Economically

Weaker Section) Certificate to her.

2.

The petitioner married with one Ajay Pal Singh, applied for

issuance of certificate under EWS Category on the basis of her and

her husband’s income.

3.

The competent authority refused to issue such certificate to

her as income of petitioner’s father Mr. Ummed Singh was more

than Rs.40 lakhs and according to the respondents, she is not

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entitled for reservation under EWS Category and hence, certificate

was not issued.

4.

Mr. Deora, learned counsel for the petitioner argued that the

respondents have erred in not issuing EWS Certificate to the

petitioner, because after the marriage, petitioner’s financial status

should be considered according to financial status of her husband.

5.

It was argued that the petitioner has already given an

affidavit (Annex.8) and stated that after her marriage she is

residing with her husband and she does not have any claim in

movable or immovable properties of her father.

6.

Learned counsel argued that after the marriage, indisputably

income of petitioner’s husband is Rs.5 lakhs and as a matter of

fact, a certificate under EWS Category has already been issued to

him. However, the petitioner has been denied such certificate.

7.

Learned counsel further argued that the stand of the

respondent – State amounts to discrimination inasmuch as, the

petitioner has been refused EWS Certificate, whereas her husband

has got an EWS Certificate and has been held to be eligible for

reservation. Learned counsel also argued that after the marriage,

the petitioner is dependent upon her husband’s income and her

ties with the parental family has been disconnected. He prayed

that petitioner be declared eligible for issuance of EWS Certificate.

8.

Heard.

9.

For the purpose of reservation to the Economically Weaker

Section, the State Government has issued a notification on

20.10.2019, vide which Rajasthan Public Service Commission

(Ministerial and Subordinate Service) Rules & Regulations, 1999

have been amended and reservation to the extent of 10% in each

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direct recruitment category candidates, over and above the

existing reservation, has been introduced.

10.

According to newly inserted Rule 8A, a person belonging to

economically weaker section shall be a person, whose annual

family income is below Rs.8 lakhs. It is to be noted that the term

‘family’, as per explanation appended to Rule 8A of the Rajasthan

Public Service Commission (Ministerial and Subordinate Service)

Rules & Regulations, 2019 shall include the person, who seeks

benefit of the reservation; his/her parents and siblings below the

age of 18 years so also his/her spouse and children below the age

of 18 years.

11.

While observing that the Explanation appended to Rule 8A of

the Rajasthan Public Service Commission (Ministerial and

Subordinate Service) Rules & Regulations, 2019 is unequivocal

and unambiguous, this Court is of the opinion that reservation is

provided to a candidate on the basis of his/her paterni