STATE OF RAJASTHAN Vs. CHITRA DEVI

JUDGEMENT

(1.) Since common question of law is involved in these appeals, they are decided by this common judgment. The facts are taken from S.A.W. No. 1960/2018.

(2.) The State's grievance is that the learned Single Judge directed consideration and eventual appointments of the respondent-writ petitioner to the post of Nurse Grade-II, on the basis of Scheduled Caste certificate produced by her.

(3.) The facts are that the writ petitioner applied for selection to the post of Nurse Grade-II and relied upon a certificate disclosing that she belongs to the Jatav community, which was recognized as Scheduled Caste in relation to the State of Rajasthan and in accordance with the Presidential Notification dated 06.08.1984. However, her father had migrated to Rajasthan about two decades ago. She based her claim for being treated as member of SC community on the certificates issued by the Tehsildar, Jodhpur in 2002. Clause 4(viii) of the advertisement stated that reserved posts meant for SC/ST and OBC category applicants are to be filled by candidates who are permanent residents of Rajasthan. The writ petitioner had secured 58.095 marks in the competitive examination and the cut off marks for SC category was fixed at 55.444%. The State's position was that since the writ petitioner's caste certificate was issued from U.P. on 19.09.1980, she did not fall within the description of SC belonging to Rajasthan. The Court relying upon Ms.Sahendra Bai and Ors. vs. Rajasthan Public Service Commission and Anr. (S.B. Civil Writ Petition No.3107/2005 decided on 19.03.2008) held that the protection of reservation cannot be lost after the marriage in those cases where such status could be claimed even before marriage.