Pinky And Ors vs State Of Rajasthan And Ors

The petitioners - belonging to Scheduled Caste of State of Harayana married the persons belonging to Scheduled Caste residing in the State of Rajasthan, applied for the post of ANM, pursuant to the advertisement dated 18.06.2018.

Petitioners have claimed consideration of their candidature as Scheduled Caste.

Mr. Singharia, learned counsel for the petitioners, inviting Court's attention towards relevant condition of the reservation, contended that though the petitioners have produced their Caste certificate issued in the name of their father, but the respondents have not considered their cases against the seats earmarked for Scheduled Caste. It was also argued that since the petitioners' husbands belong to Scheduled Caste category, their cases are required to be considered under the reserved category, namely Scheduled Caste.

Learned counsel for the respondents, opposing the petitioners' prayer, submitted that controversy involved in the present case is squarely covered by the judgments of Hon'ble Supreme Court in the case of Ranjana Kumari Vs. State of Uttrakhand & Ors. : (2018) 14 SCALE 755 and Bir Singh Vs. Delhi Jal Board & Ors. : (2018) 10 SCC 312. It was further urged that a Division Bench of this Court in the case of State of Rajasthan Vs. Chitra Devi : DB Special Appeal (Writ) No.1960/2018, decided on 13.08.2019, considering the case law on subject has decided the controversy against the petitioners.

The Division Bench of this Court in the case of Chitra Devi (supra) has held as under :

"In the light of above discussion, this Court is of the opinion that the respondents could not have claimed the benefit of SC/ST status merely on the basis that they were issued Rajasthan certificates, and that they were residing in Rajasthan. Their claim to that status did not satisfy clause 4(iv) and 4(viii). Accordingly, the Single Judge fell into an error in granting the direction having regard to the circumstances of the case.

For the foregoing reasons, the appeals have to be allowed. The impugned judgments are hereby set aside. The State's appeals are allowed. All pending applications are disposed of."

Following the above referred judgments of Hon'ble Supreme Court and Division Bench judgment in the case of Chitra Devi (supra), the writ petition is dismissed.

The stay application is also dismissed.