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2026 DAILYLAW 19673 (RAJ)

NISHA W/O SHRI ANKIT KUMAR v. THE STATE OF RAJASTHAN

CW/18671/2025 · 2026-01-23

Maneesh Sharma

Transfer Petitionbody2026

Judgment text

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[2026:RJ-JP:3335] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 18671/2025 Nisha W/o Shri Ankit Kumar, Aged About 33 Years, R/o Village Ladpur, Tehsil Bansur, District Alwar (Rajasthan). ----Petitioner Versus 1. The State Of Rajasthan, Through The Secretary, Social Justice And Empowerment Department, Government Of Rajasthan, Government Secretariat, Jaipur (Rajasthan) 2. The Secretary, Department Of Personnel, Secretariat, Jaipur (Rajasthan). 3. The District Collector, Kotputli Behror (Rajasthan). 4. The Sub Divisional Officer, Bansur, District Kotputli Behror (Rajasthan). 5. The Tehsildar, Bansur, District Kotputli Behror (Rajasthan). ----Respondents For Petitioner(s) : Mr. Yajuvendra For Respondent(s) : Mr. V.D. Gathala, AGC HON'BLE MR. JUSTICE MANEESH SHARMA Order 23/01/2026 1. Learned counsels for both the parties submits that the facts involved in the present case are similar to the facts in S.B. Civil Writ Petition No.9180/2025 (Sunita Rani Vs. State of Rajasthan & Ors.), decided on 26.05.2025. 2. In the case of Sunita Rani (supra), this Court has held as follows:- “2. Learned counsel for the petitioner submits that the respondents have erroneously declined to issue the EWS certificate in favour of the petitioner solely on the premise that she has an OBC certificate issued by the State of Haryana whereas as per circular dated 20.10.2023 (Annexure9), any woman who migrates to the State of Rajasthan after marriage, although would not be entitled for [2026:RJ-JP:3335] (2 of 2) [CW-18671/2025] the benefit qua OBC category but then would definitely be entitled for issuance of an EWS certificate as a General category candidate, if she belongs to the EWS category. 3. Learned counsel for the respondent – State is not in a position to refute the above submission in terms of circular dated 20.10.2023 (Annexure-9). 4. It is an admitted position that the petitioner has migrated to the State of Rajasthan after her marriage. It is also an admitted position that she has been denied the issuance of an EWS certificate solely on the premise that her OBC category certificate was issued by the State of Haryana. Furthermore, it is an admitted position that the petitioner applied for the EWS certificate considering herself to be a General category candidate. 5. Circular dated 20.10.2023 (Annexure-9) provides as under:- “vU; jkT; dh efgyk dks vks-ch-lh- izek.k i= ds vk/kkj ij jktLFkku esa fdlh Hkh HkrhZ esa vks-ch-lh- oxZ dk vkj{k.k ns; ugha gS] ijUrq vks-ch-lh- izek.k i= ds vk/kkj ij mls vkj{k.k ds vykok vU; ykHk izkIr gks ldrs gSaA vr% vU; jkT; dh dksbZ vks-ch-lh- ;qorh jktLFkku esa fdlh vks-ch-lh- ;qod ds ‘kknh djrh gS vkSj mlus jktLFkku esa vks-ch-lh- dk izek.k i= ugha cuok;k gS rks mls jktLFkku esa lkekU; oxZ dh ekurs gq, bZ-MCY;w-,l- dk izek.k i= tkjh fd;k tk ldrk gSA ,slh ;qorh dks bZ-MCY;w-,l- dk izek.k i= ds vk/kkj ij HkfrZ;ksa esa bZ-MCY;w-,l- vkj{k.k dk YkkHk fey ldrk gSA vU; jkT;ksa ds vkjf{kr oxksZa ds ,sls vH;FkhZ tks fookgksijkUr jktLFkku jkT; ds ewy fuoklh cu x;s gS] dks bZ-MCY;w-,l- vkj{k.k ds lEcU/k rnuqlkj dk;Zokgh dh tk;sA^^ 6. In view of the above specific Clause, the present writ petition is disposed of with a direction to the respondent authorities to consider the application (Annexure-5) of the petitioner as filed for issuance of an EWS certificate. If the petitioner complies with all the other conditions as prescribed for issuance of an EWS certificate, she be issued the same in accordance with law within a period of four weeks from now. The earlier rejection of the application would not preclude the competent authority from reconsidering the application.” 3. In view of the above, the present writ petition is also disposed of in the same terms as in the case of Sunita Rani (supra). 4. All the pending applications, if any, shall stand disposed of. (MANEESH SHARMA),J SOURAV /55