ANITA W/O NAVEEN KUMAR D/O SHRI NARESH KUMAR v. STATE OF RAJASTHAN
CW/16204/2025 · 2025-10-29
Ashutosh Kumar
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 48319 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 48319 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:43397] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 16204/2025 Anita W/o Naveen Kumar D/o Shri Naresh Kumar, Aged About 34 Years, Resident Of Village Nareda Kalan, Tehsil Behror, District Kotputli-Behror, Rajasthan ----Petitioner Versus
1. State Of Rajasthan, Through Secretary, Department Of Personnel, Secretariat, Jaipur.
2. Principal Secretary, Social Justice And Empowerment Department, State Of Rajasthan, Secretariat, Jaipur, Rajasthan.
3. District Collector, Kotputali-Behror, District-Kotputli Behror, Rajasthan.
4. S.D.O. Behror, District Kotputali-Behror, Rajasthan.
5. Tehsildar Behror, District Kotputli-Behror, Rajasthan. ----Respondents For Petitioner(s) : Mr. Manvendra Singh Choudhary, Adv. with Mr. Himanshu, 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.
[2025:RJ-JP:43397] (2 of 2) [CW-16204/2025]
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 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 /31