SAHENDRA BAI Vs. R P S C

JUDGEMENT

(1.) SINCE a common point is involved in all these writ petitions, the same are being disposed of by this common judgment. Whether a married woman, who belonged to a State other than the State of Rajasthan prior to her marriage and who was getting the benefit of reservation in that State, is entitled to get the benefit of reservation under the Mahila OBC or other reserved category for the purpose of getting employment in the State of Rajasthan, is the question which is raised in all these writ petitions. In all these writ petitions, the respective petitioners originally belonged to a State other than the State of Rajasthan before their marriage and after marriage, they are residing in the State of Rajasthan as husband of each of the petitioner is staying in Rajasthan. It is not in dispute that the husband of each of the petitioners belongs to OBC or other reserved category and by virtue of their marriage, the petitioners have put up their claim for getting reservation for the purpose of getting employment.

(2.) SINCE in all these writ petitions, a common question is raised, therefore, it is not necessary to examine facts of each of the case of this bunch of writ petitions. For ready reference, facts of the first writ petition of the bunch, namely S. B. Civil Writ Petition No. 3170/2005 are being taken into consideration. The petitioner of the said writ petition was residing in the State of Haryana before her marriage. After her marriage, she is now residing at Village Chandpur, Tehsil Mundawar, District Alwar. She has passed her B. A. and B. Ed. Examination from the University of Rajasthan. It is the case of the said petitioner that she is now permanently residing in the State of Rajasthan by virtue of her marriage and even competent authority of the State of Rajasthan has issued Residence Certificate and Caste Certificate to her and the Election Commission also has issued her Voter Identity Card. The petitioner has applied for the post of Teacher Grade-III in the category of Mahila OBC candidate in response to the advertisement dated 2. 6. 2004.

(3.) I have heard learned counsels for the parties and gone through the material available on record. The principal question which requires consideration in this bunch of writ petitions is whether the petitioners, who are married women, are entitled to get the benefit of reservation in the State of Rajasthan even though they have born in a State other than the State of Rajasthan and whether they can be denied the benefit of reservation in the State of Rajasthan even though the castes to which they belonged prior to their marriage were considered in reserved category in their parental States and the said castes are considered in reserved category in the State of Rajasthan also.