High CourtsSingle Bench

Bindu Ben Kharadi vs State of Rajasthan And Ors

Rajasthan High Court · Decided on 25 February 2020 · Citation: (2020) 02 RAJ CK 0509

HON’BLE JUDGES
Dinesh Mehta, J
RESULT
Dismissed
CASE NUMBER
Civil Writ Petition No. 1939 Of 2020
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Judgment

12 paragraphs · 189 words
1.

The petitioner originally a resident of Gujrat, married to Jeevan Lal Daranga, resident of Gatrail, Tehsil Kherwara, District Udaipur, applied as a

Scheduled Tribe of TSP area of Rajasthan, pursuant to advertisement dated 31.07.2018 issued for recruitment to the post of Teacher Grade III Level-

II.

2.

Petitioner’s candidature was rejected by the respondents as her certificate was in the name of her husband.

3.

According to the respondents, petitioner being daughter of Shri Dev Ji Bhai, a resident of Gujrat, cannot claim herself to be a Scheduled Tribe of the

State of Rajasthan.

4.

A Division Bench of this Court in the case of State of Raj. Vs. Chitra Devi [D.B. Special Appeal (Writ) No.1960/2018], while following various

decisions including a judgment of Hon’ble the Supreme Court in Ranjana Kumari Vs. State of Uttarakhand & Ors.: 2018 (14) SCALE 755 has

held that a candidate belonging to SC/ST cannot claim benefit of reservation in the migrated State.

5.

In view of the aforesaid, this Court does not find any substance in petitioner’s claim.

6.

The writ petition is, therefore, dismissed.

7.

The stay petition also stands dismissed.