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HC: Woman migrating to Raj after marriage is entitled to EWS cert

HC: Woman migrating to Raj after marriage is entitled to EWS cert

Time of India2 days ago
Jodhpur: A woman migrating to Rajasthan from another state after her marriage and belonging to reserved category of that state will be entitled to an Economically Weaker Section (EWS) certificate, ruled Jodhpur bench of Rajasthan High Court while hearing a petition on Aug 18.
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Petitioner Poonam, originally from Haryana, was married to Pawan Kumar, a resident of Tibbi in Hanumangarh. She had applied for an EWS certificate.
However, the authorities rejected her application, stating that she already possessed an Other Backward Class (OBC) certificate issued by Haryana. Poonam challenged this rejection in Rajasthan High Court.
The single bench of Justice Munnuri Laxman directed the respondents, social justice and empowerment department, the secretary of personnel department, Hanumangarh collector, Tibbi sub-divisional officer, and others to reconsider the application for an EWS certificate submitted by the petitioner.
"If the petitioner complies with all the other conditions as prescribed for the issuance of an EWS certificate, she should be issued the same in accordance with the law within a period of four weeks from now (the date of the order)," the order said, adding that the earlier rejection of the application would not preclude the competent authority from reconsidering the application.
Arguing that the application for EWS was erroneously declined by the authorities, the petitioner's counsel submitted, citing a circular, that any woman who migrates to Rajasthan after marriage, although not entitled to the benefit under the OBC category, would definitely be entitled to the issuance of an EWS certificate as a General category candidate if she belongs to the EWS category.
The circular stated that candidates belonging to reserved categories of other states, who after marriage have become permanent residents of Rajasthan, shall be dealt with in accordance with the provisions related to EWS reservation.
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