Jaishree Thakur, J. - Aggrieved by the non-consideration of Caste Certificate of the petitioner by the respondents and denial of benefit of reservation on the basis of the said Caste Certificate, the present writ petition has been filed.
2. Being eligible, the petitioner applied under the Schedule Caste Category for the post of A.N.M. pursuant to an advertisement dated 26.2.2013 and secured 53.933 marks. After verification of documents a list was prepared and against her name, it was mentioned that the Caste Certificate issued is in the name of her husband, therefore, she would not be entitled for reservation and her candidature was considered against the General Category. The petitioner was born in Haryana in Bawaria caste, which is recognised as Scheduled Caste. The father of the petitioner submitted an application before the Sub-Divisional Officer, Rewadi for getting a Caste Certificate and the same was duly issued by the officer concerned showing the caste of the petitioner to be recognised as Scheduled Caste. The petitioner also submitted an application before Tehsildar Bhadara for obtaining certificate of Scheduled Caste Category. The Tehsildar, Bhadara sent the said application to the Tehsildar Rewadi for ascertaining about the caste and the Tehsildar Rewadi, Haryana made his report that the petitioner was belonging to Bawaria caste which falls in the Scheduled Caste Category. Based on this, the Tehsildar Bhadara issued a Caste Certificate in favour of the petitioner on 21.8.2012 while mentioning that the petitioner belongs to Scheduled Caste Category. These certificates submitted to the respondents, but despite this, the candidature of the petitioner has not been considered in Scheduled Caste Category and she has been put into the General Category, thus being denied the benefit of reservation.
3. Mr. R.S. Choudhary, learned counsel appearing on behalf of the petitioner contends that the petitioner is entitled to be given the benefit of reservation as the Caste Certificate issued by the Tehsildar Bhadra has been issued after due verification. It is argued that once married and settled in village Beedbhadra, the certificate so issued should be taken into consideration as the petitioner belongs to Scheduled Caste Category, as recognised in the State of Haryana as well as in the State of Rajasthan. She got married with Balveer Singh on 27.1.1992 and the marriage was got registered on 1.3.2012. Since the petitioner was residing in Rajasthan at Village Beedbhadra, she submitted an application form before Tehsildar Bhadara for getting the Caste Certificate and the same was sent to Tehsildar Rewadi for report. A report was then submitted that the caste of the petitioner is falling under the Scheduled Caste Category and on the basis of said recommendation, the Tehsildar Bhadara issued a Caste Certificate on 21.8.2012.
4. Per contra, learned counsel for the respondents has argued that as per clause 4(iv) of the advertisement dated 26.2.2013, it has been specified that married women belonging to Scheduled Caste/Scheduled Tribe should produce Caste Certificate issued by the competent authority of the Government of Rajasthan mentioning their father''s name/residence. The Caste Certificate issued mentioning their husband''s name/residence will not be valid. It is further contended that the guidelines had been provided by the Home department,Government of India, vide a Circulars dated 6.8.1984 and 21.10.2002 regarding verification of claim of the candidates belonging to the Scheduled Castes and Scheduled Tribes who had migrated from the other State/Union Territory. Thus, on the basis of this circular, a married woman had to produce the certificate of her father, showing that she belongs to a Scheduled Caste Category and it was on this basis that clause 4 (iv) of the advertisement came to be introduced.
5. I have heard learned counsel for the parties and have perused the record of the case.
6. Admittedly, the petitioner applied for the post of ANM pursuant to the advertisement dated 26.2.2013. She at the time of applying, filled in the category of Schedule Caste. The petitioner had submitted a Caste Certificate, which had been issued by the Tehsildar Bhadara on 21.8.2012, wherein it was mentioned that the petitioner Mukesh Kumari w/o Balveer Singh resident of Beedbhadra, District Hanumangarh, whose caste is Bawari and this certificate had been issued after due verification from the Tehsildar at Rewadi (Haryana). A perusal of the said document shows that the authority concerned had issued this Schedule Caste Certificate after getting the fact verified from Tehsildar Rewadi. Once the said certificate came to be issued which shows that the petitioner who was resident of Rewadi prior to her marriage, was of a Schedule Caste, as recognised in the State of Rajasthan, there was no occasion for treating the candidatures of the petitioner in the General Category. In the case reported as Smt. Archna Ruhela v. The State of Rajasthan and ors., S.B.Civil Special Appeal (Writ) No. 123/2006 decided on 11.12.2006, it was held as under:-
"If the petitioner is eligible as a candidate from the OBC Category whether on the basis of her caste as per birth or by marriage within the State of Rajasthan, she falls within the category of OBC and could not have been denied consideration being not in merit amongst the general category of candidates. There is no disputes that amongst the OBC candidates she having been found in order of merit, her name has been recommended by RPSC to state for appointment as Medical Officer. It is now for the State of Rajasthan to consider offering the appointment to her and it is for the State of Rajasthan to act on that recommendation. It cannot refuse to act on that recommendation in 4 the absence of any cogent reasons having nexus to denial of such appointment."
7. The insistence of the respondents that the Certificate produced cannot be taken into consideration, since clause 4(iv) specifies that only those married women would be given the benefit of reservation in case their father''s name/residence was reflected in the Certificate and had been issued by the Government of Rajasthan, cannot be sustained specially when a woman who has migrated from another State resides with her husband in Rajasthan and for all purposes, Rajasthan becomes her domicile.
8. Clause 4(iv) of the Advertisement dated 26.2.2013 reads as under:-
"4(iv)
Meaning thereby a married woman belonging to Scheduled Caste/Scheduled Tribe category would be given the benefit of reservation on production of a Certificate issued by the Government of Rajasthan which should reflect the name of her father/residence. In the instance case, the petitioner is a married woman who initially lived in a different State and after marriage had settled in Rajasthan. Therefore, this stipulation cannot be made strictly applicable in the case of a married woman who after marriage and migration becomes a domicile of the State of Rajasthan. It is not feasible for the Tehsildar of the area concerned, (i.e. in the State of Rajasthan) to issue a certificate pertaining to woman''s caste reflecting name of her father since it would then necessarily be prior to her marriage. Caste is by birth and in case she is born to a particular caste, after migration she would retain her caste even after her marriage. The circulars relied upon do not pertain to a situation of where a reserved category person marries and settles in Rajasthan. Thus the reliance of circulars is of no relevance to the case in hand.
9. In D.B. Civil Special Appeal(W) No. 142/2009- Rajasthan Public Service Commission, Ajmer v. Rekha Soni and anr. decided on 1.2.2010, the Division Bench upheld the order passed by learned Single Judge in S.B. Civil Writ Petition Nol 6862/2007-Rekha Soni v. State of Rajasthan and anr. holding that the candidates who were originally, before marriage, born in the OBC category and that the same OBC category was available in the State of Rajasthan as well and if the State of Rajasthan had issued certificate to this effect, the candidature could not be rejected merely on account of the fact that the candidate was not born in the State of Rajasthan and it would not effect her status of OBC in the State.
10. In Mrs. Sahendra Bai and ors. v. R.P.S.C. and anr. ,2008 (4) WLC(Raj.) 252, the question came up for consideration, as to whether a married woman who belongs to a State other than the State of Rajasthan prior to her marriage and who was getting the reservation in her State, is entitled to get benefit of reservation for the purpose of getting employment in the State of Rajasthan. The learned Single Judge, after considering several judgments, held that in case of a married lady, if she is treated in a particular reserved category before her marriage and her caste is treated to be in the reserved category, even in the State where she has migrated by virtue of her marriage, there is no reason to deny her the benefit of reservation. Bunch of the writ petitions laid by Mrs. Sahendra Bai and ors. came to be disposed of by issuance of a direction to the State authorities to process the application of the petitioners about genuineness of the Certificate issued and also held that in case before her marriage, she was getting the benefit of reservation in a particular reserved category in her parental State, after her marriage, in case her caste is treated to be in different reserved category in the State of Rajasthan, in such case, the certificate issued by the authorities of the State of Rajasthan shall have binding effect, as now the petitioner can be said to be permanent residence of the State of Rajasthan by virtue of marriage.
11. In the present case, the petitioner had produced a caste certificate with her husbands name issued by the State of Rajasthan after due verification by the Tehsildar Rewadi. Thus by placing reliance upon the judgment referred to above, it is held that the petitioner who was belonging to the Scheduled Caste before her marriage and subsequently, also had a certificate issued by the Tehsildar at Bhadara is entitled to be considered in the Scheduled caste category and the State acted arbitrarily in rejecting her candidature.
12. Resultantly, the above noted writ petition is allowed and the respondents are directed to consider the case of the petitioner in the Scheduled Caste Category as per her merit and in case her name finds place in merit, appointment be offered to her.
13. No order as to costs.
