[2025:RJ-JP:38306] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 3336/2017 Smt. Sunita Sankhala W/o Ashish Dutt, 51/104, Shipra Path, Mansarover Jaipur ----Petitioner Versus 1. State Of Rajasthan Through The District - Collector-, Jaipur Metropolitan, Bani-Park, Jaipur 2. The Sub- Divisional Magistrate Judicial, Sanganer, Jaipur 3. The Tehsildar, Tehsil- Sanganer, Jaipur ----Respondents For Petitioner(s) : Mr. Mahendra Shah with Mr. Nakul Bansal For Respondent(s) : Mr. S.P.S. Rajawat-AGC for Mr. G.S.Gill-AAG JUSTICE ANOOP KUMAR DHAND Order 18/09/2025 1. By way of filing this writ petition, a challenge has been led to the impugned order dated 04.07.2018 passed by the Sub Divisional Magistrate (Sanganer), Jaipur by which the application submitted by the petitioner seeking caste certificate of her children has been rejected. 2. Counsel appearing on behalf of the petitioner submits that the petitioner belongs to Scheduled Caste Category(for short, 'SC Category') and she married to a person of General Category and out of their wedlock, two children were born. Counsel submits that the petitioner is residing separately for a considerable time, hence under such circumstances, the petitioner is entitled to get the caste certificate of her children in SC Category which has been [2025:RJ-JP:38306] (2 of 3) [CW-3336/2017] denied by the respondents in an arbitrary manner by passing the order impugned. 3. Counsel appearing on behalf of the State-respondents opposed the arguments raised by counsel for the petitioner and submitted that the Department of Social justice has issued certain guidelines with regard to issuance of the caste certificate on 09/09/2015 and as per Clause 7 of these guidelines, the order passed by the District Level Committee that is Sub Divisional Magistrate is appealable before the State Level Committee. Hence under these circumstances, the petitioner has an alternative efficacious remedy of filing an appeal against the order impugned and the present petition is liable to be rejected on this count alone. 4. Considering the arguments raised by counsel for the State- respondents and looking to the fact that as per Clause 7 of the guidelines issued by the Department of Social and Welfare Justice with regards to the issuance of the caste certificate, the order impugned passed by the District Level Committee is appealable before the State Level Committee. 5. It is settled proposition of law, whenever alternative statutory remedy of filing an appeal is available with a person, he cannot be allowed to bypass the jurisdiction of the said authority. 6. On this count alone, the present petition stands disposed of, granting liberty to the petitioner to file statutory appeal in terms of Clause 7 of the guidelines dated 09.09.2015 before the State Level Committee. In case, such appeal is submitted by the petitioner within a period of 15 days from today, it is expected from the Appellate Authority to decide the same expeditiously, as [2025:RJ-JP:38306] (3 of 3) [CW-3336/2017] early as possible preferably within a period of six weeks thereafter ignoring the period of limitation. 7. Stay application and all pending application(s), if any, also stand disposed of. (ANOOP KUMAR DHAND),J Ashu/60