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Women from other states are not entitled to reservation in jobs in Rajasthan after marriage: Rajasthan HC

In a hearing, the Jodhpur Chief Bench of the Rajasthan High Court said on Thursday that any female from outside Rajasthan who migrates to the state after marrying a person from the state, will not be entitled to reservations at the workplace on the basis of her earlier status as a member of SC, ST, OBC or any other reserved category.

Rajasthan HC says women from outside state not eligible for employment reservation after marriage
Rajasthan HC says women from outside state not eligible for employment reservation after marriage
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Published : Feb 4, 2022, 4:32 PM IST

Jodhpur: In a hearing, the Jodhpur Chief Bench of the Rajasthan High Court said on Thursday that any female from outside Rajasthan who migrates to the state after marrying a person from the state, will not be entitled to reservations at the workplace on the basis of her earlier status as a member of SC, ST, OBC or any other reserved category.

The bench of judge Dinesh Mehta, however, noted that the women in question will be able to avail of caste certificates and all other facilities available in lieu of their caste certificates, including various schemes introduced by the state government.

The court's order came while hearing the case of one Sunita Rani, resident of Nohar in Rajasthan's Hanumangarh district, who filed a petition saying that she originally was a resident of Punjab but moved to Rajasthan after marrying a resident of Nohar. Her application to the Nohar Telsildar to avail an SC caste certificate, Rani noted in the plea, was rejected on the basis of her originally not being a resident of Rajasthan.

Also read: High court stays Haryana law on 75% job quota in private sector

In its judgment, the bench cited examples of previous orders by the Rajasthan High Court back in 2018 and 2020.

"The Supreme Court has already clarified the due course in such cases. This should not be linked to the change in the reservation system. This order is not to deprive anyone of availing reservation. The order is only limited to caste certificate", the bench said, proceeding to order the Sub Divisional Magistrate of Hanumangarh to issue the SC certificate to the woman in question.

The court, however, also asked to make sure that the certificate displays in writing that it shall not be applicable for government jobs.

Jodhpur: In a hearing, the Jodhpur Chief Bench of the Rajasthan High Court said on Thursday that any female from outside Rajasthan who migrates to the state after marrying a person from the state, will not be entitled to reservations at the workplace on the basis of her earlier status as a member of SC, ST, OBC or any other reserved category.

The bench of judge Dinesh Mehta, however, noted that the women in question will be able to avail of caste certificates and all other facilities available in lieu of their caste certificates, including various schemes introduced by the state government.

The court's order came while hearing the case of one Sunita Rani, resident of Nohar in Rajasthan's Hanumangarh district, who filed a petition saying that she originally was a resident of Punjab but moved to Rajasthan after marrying a resident of Nohar. Her application to the Nohar Telsildar to avail an SC caste certificate, Rani noted in the plea, was rejected on the basis of her originally not being a resident of Rajasthan.

Also read: High court stays Haryana law on 75% job quota in private sector

In its judgment, the bench cited examples of previous orders by the Rajasthan High Court back in 2018 and 2020.

"The Supreme Court has already clarified the due course in such cases. This should not be linked to the change in the reservation system. This order is not to deprive anyone of availing reservation. The order is only limited to caste certificate", the bench said, proceeding to order the Sub Divisional Magistrate of Hanumangarh to issue the SC certificate to the woman in question.

The court, however, also asked to make sure that the certificate displays in writing that it shall not be applicable for government jobs.

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