Rajasthan High Court – Jaipur
Neelam W/O Sandeep Yadav D/O Ombir vs State Of Rajasthan (2025:Rj-Jp:2588) on 20 January, 2025
Author: Mahendar Kumar Goyal
Bench: Mahendar Kumar Goyal
[2025:RJ-JP:2588]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 370/2025
Neelam W/o Sandeep Yadav D/o Ombir, Aged About 30 Years,
R/o Village Madansar, Tehsil Buhana, District Jhunjhunu (Raj.)
----Petitioner
Versus
1. State Of Rajasthan, Through Secretary, Social Justice And
Empowerment Department, Secretariat, Jaipur.
2. District Collector, Jhunjhunu, Rajasthan.
3. Sub Divisional Magistrate, Buhana, District Jhunjhunu,
Rajasthan.
4. Tehsildar, Buhana, District Jhunjhunu, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Sudhir Yadav
For Respondent(s) : Mr. Kapil Prakash Mathur, AAG with
Mr. Ashutosh Udawat
HON’BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Judgment / Order
20/01/2025
Issue notice.
Notices are accepted by Mr. Kapil Prakash Mathur-learned
Additional Advocate General on behalf of the respondents.
Learned counsels for the respective parties submitted that the
issue involved herein, i.e., as to issuance of Economically Weaker
Section Certificate taking into account income and assets of the
persons, is no more res integra and stands resolved by a co-ordinate
Bench order of this Court dated 31.01.2022 passed in S.B. Civil
Writ Petition No.1493/2022; Manika Yadav Vs. State of
Rajasthan & Ors. and prayed that this writ petition may also be
disposed of in similar terms.
(Downloaded on 20/01/2025 at 10:14:37 PM)
[2025:RJ-JP:2588] (2 of 2) [CW-370/2025]
In case of Manika Yadav (supra) following directions were
issued by this Court:-
“Accordingly, this writ petition is disposed of with
direction to the petitioner to make an application before
the concerned Sub Divisional Magistrate, who shall
carry out the necessary enquiry as required under the
law and if petitioner is found entitled for EWS
certificate, the same may be issued within a period of
one month from the date of receipt of the application.
The Competent Authority is required to look into the
entitlement of the candidates for the purpose of issuing
certificate in EWS category and this certificate is not in
relation to any caste or category.
This Court also makes it clear that the
observations of this Court in respect of grant of EWS
certificate, will not have any bearing on entitlement of
the petitioner to get benefit except that issuance of
certificate will be in pursuance of circular issued by the
State Government.”
Taking into consideration the contentions advanced by learned
counsels for the respective parties, this writ petition is disposed of in
terms of order dated 31.01.2022 passed in case of Manika Yadav
(supra) which shall apply mutatis mutandis to this case also.
Pending application(s), if any, also stands disposed of.
(MAHENDAR KUMAR GOYAL),J
Manish/38
(Downloaded on 20/01/2025 at 10:14:37 PM)
Powered by TCPDF (www.tcpdf.org)
[ad_1]
Source link