[2025:RJ-JP:37901] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 13825/2025 Ramesh Kumar Yadav, S/o Vijay Yadav, Aged About 33 Years, Village-Baraila, Post- Parsipur, Sant Ramdas Nagar (Bhadohi), Uttar Pradesh. ----Petitioner Versus 1. The State Of Rajasthan, Through Its Secretary, Education Department, Govt. Of Rajasthan, Government Secretariat, Jaipur. 2. State Of Rajasthan, Through Principal Secretary Department Of Personnel And Training Government Secretariat, Jaipur. 3. The Director, Primary Education, Rajasthan, Bikaner. 4. Rajasthan Staff Selection Board, Through Its Secretary, Agriculture Management Institute Building, Durgapura, Jaipur, Rajasthan. 5. Rajasthan Staff Selection Board, Through Its Chairman, Agriculture Management Institute Building, Durgapura, Jaipur, Rajasthan. ----Respondents For Petitioner(s) : Mr. Ram Pratap Saini with Mr. Aamir Khan For Respondent(s) : Mr. G.K. Sharma(AGC) Mr. Nalin G. Narain for respondents No. 4 & 5 HON'BLE MR. JUSTICE MANEESH SHARMA Order 17/09/2025 1. Core question involved in the instant writ petition as to whether a certificate of having special disability issued under the provisions of the Rights of Persons With Disabilities Act, 2016, by any authority situated outside the territory of the State of [2025:RJ-JP:37901] (2 of 3) [CW-13825/2025] Rajasthan, can be considered for the purposes of appointment in the State of Rajasthan or not. 2. Counsel for the parties are in agreement that the issue involved in the present matter is no longer res integra, as the issue involved in the present case has been decided in the matter of Manish Chauhan v. State of Rajasthan & Ors.1, where the Division Bench of this Court has observed as under:- 16. A perusal of Rule 5 of the Rules of 2018 leaves no room for ambiguity that the reservation for PH category is a horizontal reservation and it has no nexus with the residence of a person. 17. The residence of a person is significant or relevant in the case of caste based reservation, because the Constitutional Provision and notification issued thereunder requires a person to be a resident of that State in order to claim caste based reservation. It is the backdrop of the Constitutional Provision so also in light of catena of decisions of Hon’ble the Supreme Court and this Court, that a person residing out of the State cannot claim caste based reservation in the State of Rajasthan. However, in absence of any such stipulation in the Constitution or under the Rules of 2018, the State cannot deny a candidate of a State other than the State of Rajasthan to claim benefit of reservation under the Rules of 2018. 18. Almost similar situation came up for consideration before a coordinate Bench of this Court in the case of Amar Kumari vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No. 7512/2022), where the issue was in relation to a candidate belonging to EWS – Economically Weaker Section and this Court has held that a female migrating to State of Rajasthan is entitled for reservation for consideration of her candidature under EWS category. 19. In the instant case also, the petitioner has been denied appointment solely on account of him being resident of Uttar Pradesh. 20. According to this Court, the State’s action is not only illegal and contrary to Rules of 2018 but also against the federal structure of the State and violation of Article 16(2) of the Constitution of India. The State’s action amounts to denial of appointment on the basis of residence of a person, which has been held to be illegal by Hon’ble the Supreme Court in catena of decision 1 2024 (3) WLC 32 [2025:RJ-JP:37901] (3 of 3) [CW-13825/2025] including the judgment dated 17.07.2001 rendered in the case of Ganga Ram Moolchandani vs. State of Rajasthan & ors. [Appeal (Civil) No. 6469 of 1998] (2001) 6 SCC 89. 21. As an upshot of the discussion foregoing, the present writ petition is allowed; the impugned communication dated 05.01.2022 is hereby quashed." 3. In view of the above consensus and in light of the directions issued by the Division Bench of this Court in Manish Chauhan (supra), the present writ petition is allowed. Order dated 15.09.2023 passed by Rajasthan Staff Selection Board, Jaipur, is hereby quashed and set aside. 4. The respondents are directed to consider the candidature of the petitioner by ignoring the objection raised in the aforesaid order dated 15.09.2023 and in case the petitioners are otherwise found eligible and entitled, and his name finds suitable place in the merit list, appointment be given to him on the post of Teacher Grade-III Level IInd subject-English under General (LD/CP) disabled category pursuant to advertisement dated 16.12.2022, if post is available and selection process has not been concluded as yet. (MANEESH SHARMA),J SOURAV /47