[2025:RJ-JP:6893] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 5281/2005 Mamta Rani D/o Ghisiya Ram, W/o Vijay Vrat Singh Bhati, aged about 35 years, R/o Motor Road, Khairthal, Distt. Alwar (Raj.) ----Petitioner Versus 1. State of Rajasthan through Secretary, Elementary Education, Govt. of Rajasthan, Jaipur. 2. Rajasthan Public Service Commission through Chairman, Ajmer (Raj.) ----Respondents For Petitioner(s) : Mr. Sri Ram Yadav For Respondent(s) : Mr. Kapil Bardhar JUSTICE ANOOP KUMAR DHAND Order 17/02/2025 1. The instant writ petition has been filed with the following prayer: " It is, therefore, most respectfully prayed that this writ petition may kindly be allowed and the respondents may be directed to consider the petitioner a member of OBC and permanent resident of Rajasthan and may further be directed to give appointment to the petitioner on the post of Teacher Grade-III w.e.f. the date when the lower meritorious candidates were given appointment with all consequential benefits. Any other appropriate writ, order or direction which may be considered just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner. That the cost of this writ petition may be awarded in favour of the petitioner." 2. By way of filing of instant petition, the petitioner is seeking directions against the respondents to consider her case for [2025:RJ-JP:6893] (2 of 3) [CW-5281/2005] appointment on the post of Teacher Grade-III under the OBC category candidates. 3. Learned counsel for the petitioner submits that the petitioner was born in Uttar Pradesh in a caste which falls under the OBC category and after her marriage she migrated to Rajasthan under the same category i.e. OBC and she applied for appointment on the post of Teacher Grade-III but her candidature was not considered under the same category while the less meritorious of the same category have been given appointment, hence, under these circumstances, appropriate directions be issued to the respondents to consider the case of the petitioner for appointment on the post of Teacher Grade-III under the OBC category. 4. Per contra, learned counsel for the respondent-State(RPSC) opposed the prayer and submitted that the issue involved in this petition has already been decided by the Hon’ble Apex Court as well as by the Division Bench of this Court, where the candidates who have migrated from the other State to the State of Rajasthan have not been considered in the same category. Hence, under these circumstances, the case of the petitioner was not considered under OBC category and she has failed to secure the cut off marks for the general category. Hence, under these circumstances, she is not entitled to get appointment. 5. Heard and considered the submissions made at Bar and perused the material available on the record. 6. Considered the arguments put forward by the learned counsel for the respondents and looking to the fact that the controversy involved in this petition has already been set at rest by the Apex Court as well as by the Co-ordinate Bench of this [2025:RJ-JP:6893] (3 of 3) [CW-5281/2005] Court, wherein, it has been specifically held that any candidate of OBC Category belonging to some other State after he/she migrates to the State of Rajasthan cannot be considered under the same category. This Court finds no merit and substance in this petition, and accordingly, the same is hereby rejected. 7. Stay application as well as all pending application(s), if any, also stand dismissed. (ANOOP KUMAR DHAND),J Garima/55