Bhateri Devi vs State Of Rajasthan And Others

D.B. Civil Misc. Application No.1/2021:

This application has been filed by a non-party to the writ petition No.11093/2020 and connected petitions which were disposed of by a common judgment dated 24.09.2020 by the learned Single Judge. The question pertains to issuance of caste certificate in favour of a member belonging to a reserved category class who hailing from another State. The learned Single Judge disposed of the writ petition in following terms:-

“15.In view of the above discussion, all these petitions are disposed of in following manner:-

(i) The prayer of the petitioners for claiming the benefit of reservation in ongoing Panchayat Elections is hereby declined.

(ii) For issuance of caste certificate, the petitioners are at liberty to apply before the competent authority (concerned Sub Divisional Magistrate) who shall expeditiously dispose of their application(s) after following due procedure and in case of rejection of the application, the petitioners may take available legal recourse.

(iii) In order to avoid any sort of confusion, to prevent misuse of caste certificates and to ensure clarity in issuing the certificates in favour of the persons who have migrated from other States to the State of Rajasthan, a note shall be prominently appended to such caste certificates as under:-

(a) On the basis of this certificate, the migrated person shall not be entitled to claim benefit of reservation in public employment and elections including Panchayat Elections.

(b) This certificate has been issued only for the limited purpose of claiming benefits specifically made available for such migrant persons in Government Schemes.

(c) Some other clarification may also be appended as deemed necessary.

(iv) Interim orders are vacated and stay applications stand disposed of.

Having heard learned counsel for the proposed appellant we do not find that the said person has a right to challenge the judgment of the learned Single Judge. It was rendered by the learned Single Judge in case of other petitioners. If the law laid down by the Single Bench in some way or the other hurts the present applicant, that by itself would not give him a right to challenge the judgment. The directions for insertion of certain clauses in the caste certificate to be issued by the state authorities also does not affect the applicant since admittedly no state authority has asked the applicant to return the caste certificate already issued in which the authority wishes to make declaration as provided by the Single Judge in paragraph 15 of the judgment.

In that view of the matter, leave to appeal is declined. The appeal is disposed of accordingly. All pending applications stand disposed of.