CW 8385/07 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.8385/2007 Mrs Mukesh Devi Versus State & Ors. Date of Order ::: 01/12/2010 Hon'ble Mr. Justice Ajay Rastogi Mr. Amit Jindal, for petitioner Mr. SN Kumawat, Addl. Adv. Gen for respondents Ms Pryanka Pareek, Addl. Govt. Counsel for respondents. Question raised herein is as to whether married women belonging to other than State of Rajasthan before her marriage who was getting benefit of reservation of OBC (Woman) by parent State is entitled to get benefit of reservation of OBC or other reserved category for purposes of employment in the State of Rajasthan ? Petitioner is Swami by caste which comes within OBC category in her parent State and also in the State of Rajasthan as is evident from certificate (Ann.3) which was issued by Tehsildar Buhana (Jhunjhunu) on 01/05/2007 taking note of income of her father (Shri Hajari Lal) and after Graduation did B.Ed from University of Rajasthan in the year 1996. Posts of Teachers in Primary & Upper Primary School were advertised by respondent No.3 vide advertisement dt.30/10/2006 – pursuant to which, petitioner also submitted CW 8385/07 //2// application against vacancy reserved for OBC (Woman) category and she was permitted to appear in written examination, in which she was finally declared successful and, as alleged in the petition, she was placed at S.NO.15 in order of merit. However her final selection was cancelled by respondents on the premise that petitioner does not fall in the reserved category of OBC (Woman) and while treating her in general category, her name was not placed in select list. Counsel for petitioner submits that controversy raised herein has been decided by DB decision of this Court at principal seat Jodhpur in RPSC Ajmer Vs. Rekha Soni & Anr (Special Appeal (Writ) No.142/2009 & 62 cognate cases arising out of order dt. 17/04/2008 passed by Single Bench in CWP- 6862/2007) wherein DB at principal seat vide judgment dt.01/02/2010 observed ad infra: “The learned Single Judge has passed the detailed reasoned order and has taken into consideration the facts, inter alia, that the writ- petitioners were originally, before marriage, born in the OBC category; that the same OBC category was available in the State of Rajasthan as well; and therefore, in the State of Rajasthan too, the certificate to this effect was issued. Merely because the candidate was not born CW 8385/07 //3// in the State of Rajasthan, it will not effect her status of OBC in the State. The learned Single Judge has further clarified that in case any certificate submitted by the any of the writ-petitioners is found to be bogus or fraudulent, it would be open for the appellant to act in accordance with law.” A bunch of 44 Special Appeals (Writ) (No. 1090/2008 (RPSC Ajmer Vs. Smt. Suinita Yadav & Anr arising out of order dt.19/03/2008 in CWP-3107/2005- Mrs Sahendra Bai Vs. RPSC & 34 cognate cases) came up for consideration before Division Bench at Jaipur Bench – that too vide judgment dt.18/03/2010 were disposed of after taking note of observations made in (Jodhpur) judgment dt.01/02/2010 (supra) ad infra: “Since the controversy involved in the present appeals has already been decided by Division Bench of this Court observing that learned Single Judge after considering each and every aspect of the matter, passed a detailed reasons order and also clarified that in case any certificate submitted by any of writ petitions is found to be bogus or fraudulent, it would open for the RPSC to act in accordance with law and partrly allowed the writ petitions with the aforesaid liberty, therefore, we are also of CW 8385/07 //4// the view that no inference whatsoever requires by this Court in the judgment passed by learned Single Judge.” As regards judgments (supra), it has not been disputed by Government Counsel about controversy being decided by this Court. Consequently, writ petition is disposed of in the light of what has been observed by Division Bench of this Court quoted (supra) and accordingly the respondents are directed to consider the candidature of petitioner in terms of DB judgments dt. 18/03/2010 in RPSC Ajmer Vs. Smt.Sunita Yadav & Anr and dt.01/02/2010 in RPSC Ajmer Vs. Smt.Rekha Soni & Anr (supra) and ensure compliance within two months. No costs. (Ajay Rastogi), J. K.Khatri/p.4/ 8385CW07Dec1OBCWomnOrGADsp.doc