- (1.) The present writ petition has been filed by the petitioner for grant of OBC (Non-creamy Layer) category certificate in her favour.
(2.) Both the learned counsel for the parties submit that the similar issue has been decided by this Court in the case of Smt. Bimla vs. State of Rajasthan & Ors., S.B. Civil Writ Petition No .19160/2018 alongwith other connected matters, decided on 26.09.2018.
(3.) The order passed in the case of Smt. Bimla (supra) is reproduced, hereunder:- "The issue involved in all these petitions is common and as such the petitions are decided by the present common order. The issue is with regard to grant of OBC/SC/ST certificates to the petitioners. The petitioners in the writ petitions have pleaded that the State Government has not issued them certificates of their caste i.e. OBC/SC/ST. The petitioners have pleaded in the writ petitions that after marriage, they have settled in the State of Rajasthan and as such now they have become permanent residents of the State of Rajasthan. The petitioners have pleaded that the State Government in the matter of employment, is not considering their cases as the petitioners have migrated from other State and further the State Authorities are not entertaining their applications for issuance of certificates of OBC/SC/ST. The petitioners have pleaded that in their respective State, they belonged to a particular category i.e. OBC/SC/ST and after their migration in the State of Rajasthan on account of their marriage being solemnized in Rajasthan, the status of their caste is the same but still the respondents- State authorities have failed to grant them certificate of OBC/SC/ST and further deprived them from employment in such reserved category. Learned counsel for the petitioners have submitted that if the candidates belong to a particular caste i.e. OBC/SC/ST in a particular State, after their marriage, if they have migrated in other State, the same status cannot be denied to them and in particular, when their caste after marriage with their husband, is falling in a particular category i.e. ST/SC/OBC, the benefit of reservation in public employment cannot be denied. Learned counsel for the petitioners have submitted that the respondents in some cases, even have not entertained the applications for issuance of certificates and in some cases even such certificates have not been issued. Mr. J.M. Saxena, Addl. Advocate General who appears for the State has submitted that controversy with regard to grant of particular certificate belonging to a caste and consideration of the same for the purposes of employment, has been settled by the Apex Court in Civil Appeal No.1085/2013 [Bir Singh Vs. Delhi Jal Board and Ors.]. Leaned counsel has further submitted that the Division Bench of this Court in DB Special Appeal (Writ) No.1116/2017 [State of Rajasthan and Ors. Vs. Smt. Manju Yadav and Ors.] dt.18.09.2018, has also decided the similar controversy. Learned counsel has submitted that the Division Bench has made it clear that the issue of benefit of reservation is distinct from the entitlement of a person to apply for grant of OBC/SC/ST certificates. Learned counsel for the respondents has submitted that the Division Bench has further passed the order on 20.09.2018 in D.B. Special Appeal (Writ) No.749/2017 [Smt. Poonam Yadav Vs. State of Rajasthan and Ors.] and other connected petitions. It would be appropriate to quote the order passed by the Division Bench of this Court in D.B. Special Appeal (Writ) No.1116/2018 (supra) decided on 18.09.2018. 1. Heard learned counsel for the appellants. 2. The issue of benefit of reservation is distinct from the entitlement of a person to apply for grant of an OBC/ ST/SC certificate. 3. In view of the Constitution Bench judgment delivered by the Supreme Court on 30/08/2018 in CA No.1085/2013 : Bir Singh Vs. Delhi Jal Board and Ors. and connected appeals, the issue of public employment has attained finality. A member of a Scheduled Caste or Schedule Tribe or OBC in a particular State cannot avail benefit of reservation in another State. Issue of benefit in Union Territories decided by the Constitution Bench is irrelevant for public employment in the State of Rajasthan. ;