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2026 DAILYLAW 19927 (RAJ)

JYOTI D/O SHRI JASHWANT KUMAR W/O SHRI NITIN KUMAR v. STATE OF RAJASTHAN

CW/18158/2025 · 2026-01-22

Maneesh Sharma

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2026:RJ-JP:2896] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 18158/2025 Jyoti D/o Shri Jashwant Kumar W/o Shri Nitin Kumar, aged about 27 Years, R/o Near RTO Office Behror, Ward No. 34, Behror, District Kotputli-Behror, Rajasthan. ----Petitioner Versus 1. State of Rajasthan through Secretary, Department of Personnel, Secretariat, Jaipur. 2. Principal Secretary, Social Justice & Empowerment Department, State of Rajasthan, Secretariat, Jaipur, Rajasthan. 3. District Collector, Kotputli-Behror, District Kotputli-Behror, Rajasthan. 4. S.D.O., Behror, District Kotputli-Behror, Rajasthan. 5. Tehsildar Behror, District Kotputli-Behror, Rajasthan. ----Respondents For Petitioner(s) : Mr. Himanshu with Mr. S.K. Lamba For Respondent(s) : Mr. V.D. Gathala, AGC HON'BLE MR. JUSTICE MANEESH SHARMA Order 22/01/2026 1. Mr. V.D. Gathala, AGC appears for the respondents and accepts notice on their behalf. Service is deemed to be complete. 2. With the consent of the parties, the matter was heard on merits. 3. Learned counsel for the petitioner has submitted that the present petition is identical in terms of factual and legal narrative to Saneh Lata Vs. State of Rajasthan & Ors.1 It is further submitted that the petitioner may be permitted to file an application before respondent No.4-S.D.O., Behror, District Kotputli-Behror, Rajasthan, who will carry out the necessary enquiry, and if the petitioner is found entitled to an EWS 1S.B. Civil Writ Petition No.8203/2025 [2026:RJ-JP:2896] (2 of 2) [CW-18158/2025] certificate, the requisite formalities may be completed by offline/online mode within a period of one month. 4. Learned counsel for the respondents is not able to refute the contentions that vide order dated 07.07.2025 in Saneh Lata (Supra), the issue for considering the EWS application and issuance of the said certificate, in accordance with law as prescribed, is considered. 5. In light of the above, on the same ratio as reproduced below being made applicable, the petition is disposed of. The relevant portion of the order dated 07.07.2025 is reproduced below: “In view of above, this writ petition is also disposed of in light of the order passed in the case of Saneh Lata (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.” 6. Taking into consideration the contentions advanced by learned counsels for the respective parties, this writ petition is disposed of in terms of order dated 07.07.2025 passed in case of Saneh Lata (Supra) which shall apply mutatis mutandis to this case also. (MANEESH SHARMA),J DEEPA-9