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2025 DAILYLAW 5192 (RAJ)

ANITA KUMARI W/O JAI SING GURJAR D/O MALARAM v. STATE OF RAJASTHAN

CW/2404/2025 · 2025-03-27

Mahendar Kumar Goyal

Transfer Petitionbody2025

Judgment text

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[2025:RJ-JP:13974] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 2404/2025 Anita Kumari W/o Jai Sing Gurjar D/o Malaram, Aged About 34 Years, R/o Village - Nangal Pandit Pura, Tehsil Kotpuli, 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, Kotputli, District Kotputli- Behror, Rajasthan. 4. Tehsildar, Kotputli, District Kotputli - Behror, Rajasthan. ----Respondents For Petitioner(s) : Mr. Sudhir Yadav For Respondent(s) : Mr. Kapil Prakash Mathur, AAG with Mr. Ashutosh Udawat HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Judgment / Order 27/03/2025 Learned counsels for the respective parties submitted that the issue involved herein, i.e., as to issuance of Economically Weaker Section Certificate taking into account income and assets of the persons, is no more res integra and stands resolved by a co-ordinate Bench order of this Court dated 31.01.2022 passed in S.B. Civil Writ Petition No.1493/2022; Manika Yadav Vs. State of Rajasthan & Ors. and prayed that this writ petition may also be disposed of in similar terms. In case of Manika Yadav (supra) following directions were issued by this Court:- [2025:RJ-JP:13974] (2 of 2) [CW-2404/2025] “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.” Taking into consideration the contentions advanced by learned counsels for the respective parties, this writ petition is disposed of in terms of order dated 31.01.2022 passed in case of Manika Yadav (supra) which shall apply mutatis mutandis to this case also. Pending application(s), if any, also stands disposed of. (MAHENDAR KUMAR GOYAL),J Manish/225