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Rajasthan High Court · body

2017 DIGILAW 1407 (RAJ)

Jyoti Sharma v. State of Rajasthan

2017-06-02

M.N.BHANDARI

body2017
JUDGMENT : M.N. Bhandari, J. By this writ petition, a direction is sought for issuance of OBC certificate in the prescribed format. 2. Learned counsel for the petitioner submits that respondents are not issuing OBC certificate in the prescribed format, though, in few cases, it was earlier issued. The old OBC certificate is not accepted by the recruitment agencies. The latest certificate is to be submitted for the reason that OBC candidate is not entitled to get benefit of reservation, if he/she falls in creamy layer. The latest certificate thus needs to be issued with an endorsement that the candidate belongs to OBC category (non-creamy layer) is entitled to get benefit of reservation. 3. It is stated that if a female candidate has migrated from one State to another then also caste certificate can be issued if such a candidate was OBC in her own State and thereupon married to an OBC candidate in other State. The petitioner was born in the State of Haryana thus brought-up there. Her caste falls in the category of OBC in the State of Haryana, however, after marriage, she has shifted to the State of Rajasthan. Her husband is also OBC (non creamy layer) yet certificate is not issued. 4. A reference of the judgment of this Court in the case of Smt. Renu Yadav v. State of Rajasthan & Ors., SB Civil Writ Petition No. 21442 of 2013, decided on 2nd November, 2015, has been given where similar prayer was allowed. 5. I have considered the submissions made by learned counsel and perused the record. 6. Before dealing with the issue raised by learned counsel, it would be necessary to narrate the procedure for issuance of OBC certificate. In case, a female candidate has migrated from one State to another and in both the States, her caste falls in OBC category, the benefit of reservation is permissible only when she was not falling in creamy layer in her State. The format of certificate thus provides it to be with the name of father who brought up the candidate in his own State. It is for the reason that if a candidate has been brought-up by a father falling in non-creamy layer then even after migration to other State, she would be entitled for the benefit of reservation. The format of certificate thus provides it to be with the name of father who brought up the candidate in his own State. It is for the reason that if a candidate has been brought-up by a father falling in non-creamy layer then even after migration to other State, she would be entitled for the benefit of reservation. The recruitment agencies thus ask for the OBC certificate of the migrated candidate to be with the name of her father. The certificates aforesaid are issued by the State to which candidate originally belongs. The OBC certificate with the name of husband can be issued by the concerned Tehsildar of the State of Rajasthan but such certificate is not accepted by the recruitment agencies for the reasons given above. 7. In the light of the aforesaid, the caste certificate needs to be of the State from where a candidate has migrated. It can be issued even by the State where a candidate has migrated but can be on verification of income and caste by the competent authority of the State from where candidate has migrated. It is not only to certify that caste falls in OBC category but the income of the father was less than the income provided for creamy layer. 8. This Court while deciding the case of Renu Yadav (supra), issued direction for verification of the facts aforesaid and it is from the State from where the candidate has migrated. The judgment aforesaid does not specifically directs for issuance of OBC certificate with the name of her father though it is necessary to get benefit of reservation of OBC. The format of the certificate also provides it with the name of father. 9. It is also to be noticed that if the analogy taken by the petitioner is applied in all the cases then it may be even not workable. It is to direct the concerned authorities to get verification from other State for issuance of caste certificate. The instant case pertains to the candidate who has migrated from the State of Haryana but there may be cases where candidates have migrated from other State like Bihar, Uttar Pradesh, Gujarat, Madhya Pradesh, etc. If a direction is given to Tehsildar of the State of Rajasthan to make verification from Tehsildar of the other State/s, it would be difficult, if not impossible. If a direction is given to Tehsildar of the State of Rajasthan to make verification from Tehsildar of the other State/s, it would be difficult, if not impossible. The jurisdiction of Tehsildar is limited to their Tehsil. They cannot go beyond the area for any purpose. The verification of whereabouts of the candidate is otherwise pre-requisite to find out as to whether the candidate was OBC in her State and was not falling in creamy layer. Thus, in my opinion, the prayer for issuance of caste certificate by the Authorities of the State of Rajasthan is not appropriate, rather, if the State, from where the candidate has migrated, failed to issue certificate then contest can be made against those authorities by approaching the High Court having territorial jurisdiction for it. 10. In view of above, the writ petition is dismissed, however, it is with liberty to the petitioner to espouse her cause against the Competent Authority of the State from where she has migrated and are not issuing the certificate. If any Circular comes in her way, then to challenge it before the High Court having territorial jurisdiction.