SUSHILA KUMARI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner Yadav by Caste, born in Haryana, married Sandeep Kumar Yadav, a community included in the list of other Backward Classes notified by the State of Rajasthan, has approached this Court claiming reservation as an OBC candidate in the State of Rajasthan.

(2.) Mr. Sushil Bishnoi, learned counsel for the petitioner submitted that the petitioner is by caste Yadav, which caste is treated as OBC not only in the State of Haryana but also in the State of Rajasthan and, thus, she should be provided benefits of reservation in the State of Rajasthan as an OBC candidate, regardless of her migration from Haryana to Rajasthan.

(3.) Mr. Bishnoi submitted that notwithstanding the judgment dated 01.11.2018 of Hon'ble the Supreme Court in the case of Ranjana Kumari Vs. State of Uttarakhand, 2018 14 Scale 755 and Division Bench judgment of this Court dated 13.08.2019 in State of Rajasthan Vs. Chitra Devi [D.B. Special Appeal (Writs) No.1960/2018], petitioner is still entitled for the benefits of reservation, as many vital points were neither argued nor considered by the Division Bench as well as by Hon'ble the Supreme Court.