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2025 DAILYLAW 30390 (RAJ)

ARVEER D/O SHRI RAMKUWAR v. THE STATE OF RAJASTHAN

CW/14040/2025 · 2025-09-16

Sameer Jain

Transfer Petitionbody2025

Judgment text

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[2025:RJ-JP:37610] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 14040/2025 Arveer D/o Shri Ramkuwar, Aged About 33 Years, R/o Sabalpura Mohalla, Ward No. 5, Tehsil Behror, District Kotputli-Behror, Rajasthan. ----Petitioner Versus 1. The State Of Rajasthan, Through Its Principal Secretary, Department Of Revenue, Secretariat, Jaipur. 2. State Of Rajasthan, Through Secretary, Social Justice And Empowerment Department, Secretariat, Jaipur. 3. District Collector, Kotputli-Behror, Rajasthan. 4. Sub Divisional Magistrate, Behror, District Kotputli-Behror, Rajasthan. 5. Tehsildar, Behror, District Kotputli-Behror, Rajasthan. ----Respondents For Petitioner(s) : Mr. Lokesh Kumar Verma For Respondent(s) : Mr. V.D. Gathala, AGC HON'BLE MR. JUSTICE SAMEER JAIN Judgment 16/09/2025 1. Learned counsel for the petitioner while placing reliance upon S.B. Civil Writ Petition No.13419/2025 titled as Smt. Manisha Kumar Vs. The State of Rajasthan & Ors. decided on 08.09.2025, has submitted that instant matter has akin factual narratives as that of above cited. 2. Heard. 3. Issue notices. 4. On directions of the Court, Mr. Gathala, learned AGC accepts notices on behalf of the respondents-State. 5. Learned counsel for the respondent is unable to refute the contentions made by the learned counsel for the petitioner. [2025:RJ-JP:37610] (2 of 2) [CW-14040/2025] 6. Considering the foregoing facts and circumstances, this Court deems it apposite to disposed of the present petition in light of Smt. Manisha Kumar (supra) and directions passed therein shall be made applicable qua the petitioner herein. The direction passed in Smt. Manisha Kumar (supra) is reiterated herein below: - "2. Considering the aforementioned, learned counsel has further relied upon the directions spelled out in Manika Yadav Vs. State of Rajasthan & Ors.: SBCWP No.1493/2022, which are reproduced herein below: "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.” 7. Accordingly, the present petition is disposed of. Pending applications if any shall stand disposed. (SAMEER JAIN),J JKP/20