1 S.B.CIVIL WRIT PETITION NO. 7212/2007 Nirmala Dhakad Vs. RPSC & Anr. Date of Order :: 09.5.2008 HON'BLE MR. JUSTICE GOVIND MATHUR Mr. D.S.Sodha, for the petitioner. Mr. Tarun Joshi, for the respondent-RPSC. Mr. Shyam Toshniwal, for the respondent-State. ... The candidature of the petitioner was not considered for the purpose of appointment as Teacher Gr.III in pursuant to the notification dated 30.10.2006 issued by the Rajasthan Public Service Commission, Ajmer on the count that she was not a member of Other Backward Class in the State of Rajasthan. The issue aforesaid has already been settled by this Court vide judgment dated 19.3.2008 while deciding batch of writ petitions alongwith SBCivil Writ Petition No.3107/2005 (Mrs. Sahendra Bai Vs. RPSC & Anr.). By the judgment aforesaid while accepting the writ petitions in part the Commission was directed to process the application of each of the petitioners on its own merits and decide the case of each of the petitioner as per the evidence and material on record treating them to be permanent residents of the State of Rajasthan and in the light of the observations made in this judgment herein above. It is clarified that it is for the RPSC to consider whether the certificate submitted by a candidate is genuine or concocted one and in a given case, if the RPSC has any doubt about the genuineness of 2 such certificate, it can certainly call for additional material in this behalf from a particular candidate. However, the application of any of the petitioner should not be thrown out only on the ground that she cannot be said to be permanent resident of the State of Rajasthan and not fulfilling the condition given in the advertisement in this behalf. It is also clarified that in a given case, if a petitioner before her marriage was getting the benefit of reservation in a particular reserved category in her parental State and after her marriage her case is treated to be in different reserved category in the State of Rajasthan, in such cases, the certificates issued by the authorities of the State of Rajasthan shall have binding effect as now the petitioners can be said to be permanent residents of the State of Rajasthan by virtue of their marriage. This petition for writ also stands disposed of in light of the judgment of this Court dated 19.3.2008 in the case of Mrs. Sahendra Bai (supra). No order as to cost. (GOVIND MATHUR), J. Jgoyal