ANJU RANI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition has been filed by the petitioner aggrieved against refusal to issue OBC Non Creamy Layer caste certificate to the petitioner and cancellation of her candidature for the post of Teacher Gr.-III, Level-II subject English.

(2.) It is, inter alia, indicated by the petitioner that petitioner belongs to Khati caste/community which is notified as Backward Class by the Government of Haryana and a certificate in this regard was issued by Tehsildar, Ellenabad (Annexure-1). On account of her marriage on 09.05.2016 the petitioner shifted to Hanumangarh, Rajasthan and pursuant to the advertisement dated 31.07.2018 applied for the post of Teacher Gr.-III, Level-II for subject English and indicated her status as OBC Non Creamy Layer, essentially on account of the fact that the caste of the petitioner and that of her husband is included in the list of OBC in State of Rajasthan as well. The petitioner had higher marks than the cut off declared on 03.09.2018 by the respondents, however, her candidature has not been considered by the respondents in absence of a valid OBC Non Creamy Layer certificate.

(3.) Averments have also been made that the petitioner has not been issued the certificate in this regard by the respondents and, therefore, she is entitled for issuance of certificate and grant of appointment based no her merit.