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2026 DAILYLAW 693 (RAJ)

SAPNA DEVI W/O MANISH KUMAR D/O HANS RAJ v. STATE OF RAJASTHAN

CW/4914/2026 · 2026-03-17

Ganesh Ram Meena

Transfer Petitionbody2026

Judgment text

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[2026:RJ-JP:11298] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 4914/2026 Sapna Devi W/o Manish Kumar D/o Hans Raj, Aged About 32 Years, R/o Village Majri Khurd, Tehsil Neemrana, District Kotputli - Behror (Raj.). ----Petitioner Versus 1. State Of Rajasthan, Through Secretary, Revenue Department, Secretariat, Jaipur. 2. District Collector, Kotputli - Behror, Rajasthan. 3. Sub Divisional Magistrate, Neemrana, District Kotputli - Behror, Rajasthan. 4. Tehsildar, Neemrana, District Kotputli -Behror, Rajasthan. ----Respondents For Petitioner(s) : Mr. Rajesh Kumar Yadav for Mr. Sudhir Yadav For Respondent(s) : Ms. Preeti Soni for Mr. V.D. Gathala, AGC HON'BLE MR. JUSTICE GANESH RAM MEENA Order 17/03/2026 1. Learned counsel appearing for the petitioner submits that the issue with regard to issuance of EWS certificate has been put to rest by the Co-ordinate Bench, Principal Seat at Jodhpur in S.B. Civil Writ Petition No.9180/2025 (Sunita Rani Vs. State of Rajasthan & Ors.) vide order dated 26.05.2025. 2. Learned counsel appearing for the respondent-State submits that the respondent authorities will consider the application of the petitioner for issuance of EWS certificate in light of the Circular dated 20.10.2023. [2026:RJ-JP:11298] (2 of 3) [CW-4914/2026] 3. The Co-ordinate Bench in case of Sunita Rani (supra) observed as under:- “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 dks 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 ls '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 ykHk fey ldrk gSA vU; jkT;ksa ds vkjf{kr oxksZa ds ,sls vH;FkhZ tks fookgksijkUr jktLFkku jkT; ds ewy fuoklh cu x;s gSa] 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.” 4. In view of the above, the present writ petition is also disposed of as under:- The respondents shall consider the application, if any, submitted by the petitioner for issuance of EWS certificate. If the petitioner complies with all the other conditions as [2026:RJ-JP:11298] (3 of 3) [CW-4914/2026] prescribed for issuance of EWS certificate, she be issued the same in accordance with law within a period of four weeks from today. The earlier rejection of the application would not preclude the competent authority from reconsidering the application. 5. Stay application as well as pending application/s, if any, also stand/s disposed of. (GANESH RAM MEENA),J Ashish Kumar /58