Woman Migrating From Haryana To Rajasthan Post Marriage Doesn't Disentitle Her To Seek Benefit Of EWS Scheme: High Court

In relation to eligibility of an EWS certificate issued by the government of Haryana to a woman who got married in Rajasthan, the Rajasthan High Court ruled that change of location from Haryana to Rajasthan did not render the petitioner ineligible to seek benefit of the certificate issued by the competent authority.

The Court was hearing a petition filed by a woman who had moved from Haryana to Rajasthan after marriage and was willing to apply for the post of Nursing Officer under the EWS category based on the certificate issued to her by the Haryana Government.

However, she claimed that she was forced to submit the application under the unreserved category for being a migrant candidate. The petitioner had approached the State to change her category but was not allowed to. Resultantly, despite receiving greater than the cut-off marks in the EWS category, she was excluded from the recruitment process. Hence, the petition was filed.

Justice Arun Monga in his order said, "As for the change of location from Haryana to Rajasthan, it does not render the petitioner ineligible to seek the benefit of the EWS certificate issued by the competent authority".

The court also referred to a coordinate bench's decision in Aman Kumari v State of Rajasthan where the court had observed that a stipulation made by an advertisement that those married into the State would not be entitled to the benefit of OBC, SC, ST & EWS category, was "ex facie contrary" to the very scheme of EWS reservation. The court in Aman Kumari had held,

“Once, the State itself in its Circular dated 16.08.2021 has ordered for issuance of EWS certificate to eligible woman married within the State, the stipulation in the advertisement dated 31.12.2021 essentially is contrary to the said circular and cannot debar the candidates like petitioners, who are otherwise entitled to the benefit of reservation provided to the EWS category candidates.”

Justice Monga thereafter said, "In view of the aforesaid judgment, the objection that the petitioner obtained a certificate from Haryana and cannot be given the benefit in Rajasthan is being noted only to be rejected". The court also noted that the decision in Aman Kumari had attained finality as it had not been challenged. 

One of the arguments raised by the State was that since the petitioner had obtained the certificate from Haryana, she could not be given its benefit in Rajasthan.

After hearing the contentions, the Court highlighted that the status of the petitioner belonging to the EWS category was not in dispute, and rejected the argument raised by the State.

Furthermore, the Court also opined that the State had admitted that the petitioner was not given the benefit of change in category after the window was provided for all candidates, which amounted to tacit acknowledgment, as the absence of any denial of the petitioner's request for a change in the category indicated that it was rejected.

“In fact, the representation (Annex.17) submitted by the petitioner for redressal of her grievance was kept pending without any speaking order being passed regarding the same.”

In light of these observations, the petition was allowed, and the State was directed to consider petitioner's candidature in the EWS category and complete the exercise within 30 days.

Title: Anita Devi v State of Rajasthan & Ors.

Citation: 2025 LiveLaw (Raj) 53

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