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2025 DAILYLAW 44508 (RAJ)

POOJA W/O ASHISH KUMAR D/O JAI PRAKASH v. STATE OF RAJASTHAN

CW/16382/2025 · 2025-10-29

Ashutosh Kumar

body2025

Judgment text

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[2025:RJ-JP:43398] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 16382/2025 Pooja W/o Ashish Kumar D/o Jai Prakash, Aged About 27 Years, R/o Village Panne Singh Pura, Tehsil Surajgarh, District Jhunjhunu (Raj.). ----Petitioner Versus 1. State Of Rajasthan, Through Secretary, Social Justice And Empowerment Department, Secretariat, Jaipur. 2. District Collector, Jhunjhunu, Rajasthan. 3. Sub Divisional Magistrate, Surajgarh, District Jhunjhunu, Rajasthan. 4. Tehsildar, Surajgarh, District Jhunjhunu, Rajasthan. ----Respondents For Petitioner(s) : Mr. Sudhir Yadav, Adv. For Respondent(s) : Mr. V.D. Gathala, AGC HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 29/10/2025 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. 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 passed by Co-ordinate [2025:RJ-JP:43398] (2 of 2) [CW-16382/2025] Bench of this Court, the issue for 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. 4. 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." 5. Pending applications, if any, shall stand disposed of. (ASHUTOSH KUMAR),J Mohita /40