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2025 DAILYLAW 30726 (RAJ)

JYOTI W/O DEVENDRA KUMAR D/O BIJENDER SINGH v. STATE OF RAJASTHAN

CW/14471/2025 · 2025-09-19

Sameer Jain

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:38533] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 14471/2025 Jyoti W/o Devendra Kumar D/o Bijender Singh, Aged About 34 Years, R/o Village Majra Kath, Tehsil Neemrana, District Kotputli- Behror(Raj.) ----Petitioner Versus 1. State Of Rajasthan, Through Secretary, Social Justice And Empowerment Department, Secretariat, Jaipur. 2. District Collector, Kotputli- Behror, Rajasthan. 3. Sub Divisional Magistrate, Neemrana, District Kotputli- Behror, Rajasthan. 4. Tehsildar, Neemrana, District Kotputli- Behror, Rajasthan. ----Respondents For Petitioner(s) : Mr. Sudhir Yadav For Respondent(s) : Mr. V.D. Gathala, AGC HON'BLE MR. JUSTICE SAMEER JAIN Judgment 19/09/2025 1. Learned counsel for the petitioner has submitted that the present petition is identical in terms of factual and legal narrative to S.B. Civil Writ Petition No.8203/2025. It is further submitted that the petitioner may be permitted to file an application before the concerned Sub Divisional Magistrate, who will carry out the necessary enquiry and if the petitioner is found entitled for EWS certificate, the requisite formalities may be completed by offline/online mode within a period of one month. 2. Learned counsel Mr. V.D. Gathala, learned AGC has accepted the notices on directions of the Court, and is not able to refute the contentions and that vide order dated 07.07.2025 the issue for [2025:RJ-JP:38533] (2 of 2) [CW-14471/2025] considering the EWS application and issuance of the said certificate, in accordance with law as prescribed is considered. 3. In light of the above, on the same ratio as reproduced below being made applicable, the petition is disposed of. The relevant portion of the order dated 07.07.2025 is reproduced as below: “In view of above, this writ petition is also disposed of in light of the order passed in the case of Sunita Kumari (supra). The petitioner is directed 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, same may be issued through offline/online mode 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 candidate 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.” 4. Accordingly, the present petition is disposed of in terms of the ratio encapsulated in S.B. Civil Writ Petition No.8203/2025 (Supra). Pending applications, if any, shall stand disposed of. (SAMEER JAIN),J JKP/20