AI Structured Summary
Not yet generated for this judgment
Judgment
The application for correction in the address of the respondents no.4 and 5 is allowed and the address of the respondents no.4 and 5 are corrected
as Bhadra, District Hanumangarh instead of Rawatsar, District Hanumangarh.
Amended cause title already filed is taken on record.
Counsel for the respondents appears on behalf of all the respondents. Thus, service is complete.
Counsel for the parties agree that the controversy involved in this petition is covered by judgment of this Court (Jaipur Bench) in Smt. Sunita Yadav
& Anr. Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.20815/2017, decided on 06.12.2017); the judgment aforesaid is reproduced as
under :-
“It is stated that the controversy involved in this writ petition has already been decided by this court in the bunch of writ petitions led by SB Civil
Writ Petition No.3968/2017, Manju Yadav versus State of Rajasthan & orsâ€, decided on 29.11.2017. The prayer is made to dispose of this writ
petition in the light of the aforesaid judgment.
In the bunch of writ petitions aforesaid, following order was passed -
“The bunch of writ petitions have been heard with consent of the parties. The controversy involved in the present writ petitions is about non-
issuance of Other Backward Class Certificate (OBC certificate) in favour of the petitioner by the State of Rajasthan. It is urged that such certificates
were earlier issued in favour of the petitioners with their father’s name but, now, it has been denied. In view of the above, a direction is sought
against the respondents for issuance of OBC certificate.
The petitioners belong to the State of  Haryana. They migrated to State of Rajasthan after marriage. The issue as to whether they are entitled to
seek benefit of reservation in State of Rajasthan on migration is pending consideration before the Apex Court and outcome thereof would decide the
issue aforesaid.
The controversy in the present matter is slightly different. It is in regard to non-issuance of OBC certificate by State of Rajasthan. It is admitted by
the parties that reservation in the quota of OBC is given only when certificate shows candidate not falling in the creamy layer in reference to
father’s income and not of the husband. In view of the above, status of the petitioners is determined vis-a-vis her father as to whether he is falling
in the creamy layer or not. Since the petitioners have migrated from the State of Haryana thus OBC certificate in the name of the father were earlier
issued by the said State. It is, however, a fact that certain writ petitions came before the High court wherein direction was given to the Tehsildar
concerned of the Tehsil in the State of Rajasthan to seek verification of the status petitioner’s father from State of Haryana. It is stated by the
learnded AAG Shri JM Saxena that without proper verification, caste certificates have been issued.
In the subsequent litigation, this court held that without proper verification of the income of the petitioner’s father, caste certificate cannot be
issued and it should be from the State concerned. It was also found that, officers of the State of Haryana have not been made party so as to give
direction for issuance of caste certificates to the petitioners. The Judgments in second set of litigation, are pending consideration before the Division
Bench. Learned counsel for petitioners have brought to the notice of this court a circular dated 8.4.1994, issued by the Government of India in regard
to the same issue. The circular aforesaid is reproduced hereasunder “Ministry of Welfare Letter No. 12011/11/94-BCC(C), dated the 8th April,
1994, to the Chief Secretaries of all States/Uts
Subject: Issuing of Other Backward Class Certificates to migrants from other States/Uts.
In continuation of the DOPT's letter No. 36012/22/93-Estt.(SCT) dated 15th November, 1993, I am directed to say that it has been represented to this
Department that persons belonging to OBCs who have migrated from one State to another for the purpose of employment, education, etc. experience
great difficulty in obtaining caste certificates from the State from which they have migrated. In order to remove this difficulty, it has been decided that
the prescribed authority of a State/U.T. Administration in terms of the DOPT letter No. 36012/22/93-Estt.(SCT) dated 15th November, 1993 may
issue the OBC Certificate to a person who has migrated from another State on the production of a genuine certificate issued to his father by the
prescribed authority of the State of his father's origin except where the prescribed authority feels that a detailed enquiry is necessary through the State
of origin before the issue of the Certificate.
The Certificate will be issued irrespective ofwhether the OBC candidate in question is included in the list of OBC pertaining to the State/U.T. to
which the person has migrated. The facility does not alter the OBC status of the person in relation to the one or the other State/U.T. The OBC person
on migration from the State/U.T. of his origin to another State/U.T. where his caste is not in the OBC list is entitled to the concessions/benefits
admissible to the OBC's from the State of his origin and Union Government but not from the State where he has migrated.
It is requested that all competent authoritiesmay be advised to issue the OBC Certificate after satisfying themselves of the correctness of the
Certificate. The Lists of the Competent Authorities empowered as per DOPT's circular of 1t5h  November,1993 may be followed strictly. No other
authorities may be allowed to issue the OBC Certificates."" As per the circular quoted above, verification need to be made by the prescribed authority
of the State of her father’s origin. It is other than in the cases where prescribed authority feels that a detailed enquiry is necessary through the
State of origin before issuance of such certificate. The prayer of learned counsel for petitioners is to apply the said circular. The writ petition earlier
decided by this court has reference of the circular issued by the Government of India but was not applied in absence of its adoption by the State of
Rajasthan, however, looking to the number of writ petitions coming to the court, notice were issued to the State of Rajasthan and Mr JM Saxena,
Additional Advocate General was asked to take instructions in the matter so that controversy may be resolved.
It was informed by Mr JM Saxena, Additional Advocate General that the Division Bench has given instructions to find out possibility of online
verification from the State from where a candidate has migrated.
It is informed that verification in such cases remains as an empty formality. Certain documents have been produced to show that in what manner
verification has been made by the State from where candidate has migrated. The prayer of learned counsel appearing for the State of Rajasthan is to
issue appropriate directions so that while the grievance of the petitioners is resolved, proper mechanism is adopted for issuance of OBC certificate. It
is also stated that even if the circular issued by the Government of India is adopted, it should be with specific direction to the prescribed authority of
the State from where a candidate has migrated to certify the income of the father and also the caste as to whether it is falling in the OBC or not and if
anything is found wrong, to be held responsible. It is unfortunate that despite service of notice, authorities of the State of Haryana, in majority of cases,
has not put in appearance otherwise their view would have been incorporated while issuing directions, as prayed by learned Additional Advocate
General Mr JM Saxena.
In any case, present writ petitions are disposed of with following directions, as agreed 1.The circular dated 8.4.1994,issued by Central Government is
made applicable in the present cases also, however, OBC certificate would be issued by the State authorities only after getting verification of
father’s income and caste from the State from where a candidate has migrated. The required verification would be sought by the SDO to whom
application is submitted by the candidate. In case, verification is sought, the prescribed authority of the State of Haryana would send it not only
indicating the category in which the candidate falls i.e. whether OBC or any other category in their State and the income of the candidate’s father
as to whether he is falling in creamy layer or not. The assessment of the creamy layer would be in reference to what is prevalent in the State of
Haryana. It would be after proper verification and giving details. Accordingly, all the authorities in the State of Haryana, impleaded as party
respondents in majority of writ petitions, would comply the direction aforesaid in consonance to the circular dated 8.4.1994. 2.On receipt of verification
from the prescribed authority of the State of Haryana, competent authority in the State of Rajasthan would appropriately issue OBC certificate
indicating whether the candidate is falling in the creamy layer or not. The said certificate would be issued only if the petitioner was an OBC candidate
in the State of Haryana and is falling in the same category in the State of Rajasthan and not otherwise. The direction aforesaid would resolve the
greviance in regard to issuance of OBC certificate. The compliance of this order would be made by the parties in the State of Rajasthan as well as
State of Haryana in consonance to the circular issued by the Government of India dated 8.4.1994.
3.The competent authority in the State of Rajasthan would take steps for issuance of caste certificate at the earliest.
The issuance of caste certificate/certificate for taking benefit of reservation would remain subject to final outcome of the judgment of the Apex
Court. If it goes against then petitioner/s, would not be entitled to get benefits of reservation.â€
As prayed, this writ petition is also disposed of in view of the judgment in the case of
At the outset, counsel for the petitioner made a limited prayer that reconsideration of petitioner’s candidature be made as per the aforequoted
precedent law.
Counsel for the respondent assures the Court that reconsideration of petitioner’s candidature shall be made strictly in accordance with law
within a period of thirty days from today.Â
In view of the statement aforesaid, the writ petition is disposed of with a direction to the respondents to reconsider candidature of the petitioner
strictly in accordance with law in light of the aforequoted precedent law within a period of thirty days from the date of receipt of certified copy of this
order.
Meanwhile, the petitioner shall be permitted to participate in the selection process including counselling and other procedure. The recruitment
process in question hereinafter shall remain subject to the final outcome of the final consideration to be made by the respondents in pursuance of this
order.