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2025 DAILYLAW 45205 (RAJ)

BANDANA KUMAREE D/O SUNDER SINGH W/O LEELADHAR SINGH v. STATE OF RAJASTHAN

CW/17007/2025 · 2025-11-10

Ashutosh Kumar

Transfer Petitionbody2025

Judgment text

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[2025:RJ-JP:45035] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 17007/2025 Bandana Kumaree D/o Sunder Singh W/o Leeladhar Singh, Aged About 35 Years, R/o Village Khediya Jaga, Post Gangroli, Tehsil Nadbai, District Bharatpur, Rajasthan. ----Petitioner Versus 1. State Of Rajasthan, Through Secretary, Department Of Personnel, Secretariat, Jaipur. 2. The District Collector, Jaipur, District Jaipur, Rajasthan. 3. The Sub Divisional Officer, Nadbai District Bharatpur, Rajasthan. 4. The Tehsildar, Tehsil Nadbai, District Bharatpur, Rajasthan. ----Respondents For Petitioner(s) : Mr. Ram Pratap Saini, Adv. For Respondent(s) : Mr. V.D. Gathala, AGC with Ms. Poonam Rao, Adv. HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 10/11/2025 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. [2025:RJ-JP:45035] (2 of 3) [CW-17007/2025] 2. Mr. V.D. Gathala, learned AGC accepts the notices on directions of the Court, and is not able to refute the contentions, that vide order dated 07.07.2025 passed by Coordinate 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. Learned counsel for the petitioner invites attention of this Court towards the order dated 29.10.2025 passed by this Court in the case of Anita Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.16204/2025). 4. In light of the above, on the same ratio as reproduced below being made applicable, the present petition is disposed of. 5. 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." [2025:RJ-JP:45035] (3 of 3) [CW-17007/2025] 6. Pending applications, if any, shall stand disposed of. (ASHUTOSH KUMAR),J AARZOO ARORA /60