Migration ‘from Haryana to Rajasthan’ after Marriage does not affect migrant woman’s EWS eligibility: Rajasthan High Court

Rajasthan High Court: In a writ petition challenging the rejection of petitioner’s representation to modify category change for recruitment on the ground that she obtained her Economically Weaker Section (EWS) category certificate after the application deadline, a single-judge bench of Arun Monga, J., upheld the petitioner’s right to be considered under EWS reservation. The Court held that petitioner migration from Haryana to Rajasthan did not render her ineligible to seek the benefit of the EWS certificate issued by the competent authority.

Factual Matrix

In the instant matter, the petitioner applied for the post of Nursing Officer under an advertisement dated 05-05-2023. The petitioner, originally from Haryana, migrated to Rajasthan after marriage and belongs to the EWS category. The petitioner belongs to the EWS but was forced to apply under the General category as a migrant candidate in Rajasthan. She submitted a representation on 13-09-2023 requesting a category change to EWS, following a circular that allowed modifications.

The respondents issued a document verification list where candidates who had submitted representations were accommodated, but the petitioner was excluded. The petitioner had higher marks than the EWS-Female category cutoff but was still excluded from the recruitment process when the final list was published on 06-10-2024. Her representations were rejected via an undated decision on the ground that her EWS certificate was issued after the cutoff date of the advertisement.

Moot Point

1. Whether the petitioner was eligible for EWS reservation despite applying under the General category initially?

2. Whether the rejection of her candidature on the basis of a delayed EWS certificate was valid?

3. Whether her migration from Haryana to Rajasthan impacted her eligibility for EWS reservation in Rajasthan?

Applicable Legal Provisions

Circular dated 17.10.2022 — It provides that candidates who fail to submit the EWS certificate before the cutoff date may submit it later with an affidavit confirming their eligibility.

Circular dated 12.09.2023 — It allowed applicants to modify their application forms, including category changes, from 13.09.2023 to 19.09.2023.

Court’s Analysis

The Court held that the petitioner’s EWS status is undisputed, and she met the eligibility criteria as “her candidature in the said category was rejected on the ground that the EWS certificate provided to her was after the cutoff date of advertisement.”

The Court noted that the circular dated 17-10-2022 explicitly allows candidates to submit an affidavit confirming eligibility if their EWS certificate is issued after the cutoff date, therefore the petitioner should have been allowed to do so. The Court noted that the advertisement dated 05-05-2023 incorporated the 17-10-2022 circular, thereby making the respondents bound by it. The Court further noted that circular dated 12-09-2023 permitted category changes, and since the petitioner applied within the allowed period (13.09.2023 – 19.09.2023), she was wrongfully excluded.

“There is an admission on part of the respondents regarding the petitioner not being given the benefit of the change in category after the window was provided for all candidates to modify their online application forms. This amounts to tacit acknowledgment, as the absence of any denial of the petitioner’s request for a change of category indicates that it was rejected.”

The Court rejected the respondents’ reliance on Sonal Tyagi v. State of Rajasthan,¹ and clarified that in this case, no modification window was provided, whereas in the petitioner’s case, such an opportunity was officially given.

The Court referenced to Aman Kumari v. State of Rajasthan,² where the single-judge bench of this Court held that women married into Rajasthan are entitled to an EWS certificate issued by the competent authority. The Court held that Migration from Haryana to Rajasthan does not disqualify the petitioner from EWS benefits in Rajasthan.

“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.”

Court’s Decision

The Court allowed the writ petition. The Court directed —

1. The respondents to consider the petitioner’s candidature under the EWS category based on the 17-10-2022 circular by taking an affidavit confirming her eligibility.

2. If found eligible, she should be included in the selection process.

3. Complete the necessary steps within 30 days from the date the petitioner presents a web print of the order.

[Anita Devi v. State of Rajasthan, 2025 SCC OnLine Raj 308, Decided on 15-01-2025]

Advocates who appeared in this case :

Mr. Rajat Arora, Counsel for the Petitioner

Mr. Mukesh Dave, Govt. Advocate, Counsel for the Respondents