JUDGEMENT
Ajay Rastogi, J. -
(1.) COUNSEL for Petitioner submits that the controversy raised in the instant petition has been examined in the bunch of writ petitions by the Coordinate Bench of this Court vide judgment dt. 19/05/2008 passed in CWP - 3107/2005, Mrs. Sahendra Bai v. RPSC and Ors. wherein it has been observed/directed as under:
Considering the aforesaid aspect, all these writ petitions are partly allowed and the Respondent -RPSC is 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 hereinabove. 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 such certificate, it can certainly call for additional material in this 2 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 caste 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.
It is also clarified that this Court has not examined the facts of each and every case and it is for the RPSC to consider the case of each of the Petitioner keeping in view the observations made in this order. As stated earlier, in case of any doubt the genuineness of a certificate produced by a candidate, it is always open for the RPSC to call for additional proof. However, in a case where such certificate is found to be genuine, the RPSC has to proceed with application of such applicant on its own merits because of such 3 applicant on its own merits because since the Petitioners can now be said to be permanent residents of the State of Rajasthan, the certificates issued by the authorities of the State of Rajasthan shall have binding effect for all purpose including for getting employment and application forms of such applicants are to be processed accordingly.
(2.) THIS has not been controverted by counsel for the Respondents also. Taking note of the judgment, referred to supra, the present writ petition, to the above terms and extent, stands allowed. No order as to costs.;
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