Shivani Gadhavi
Published On: January 22, 2022 at 16:41 IST
The Rajasthan High Court in the case of Anita Suthar v. State of Rajasthan and Ors adjudicated that the State cannot deny to give the Petitioner Special Bonafide Certificate just because she does not live in Tribal Sub Plan Area (TSP) anymore due to her marriage.
The Rajasthan High Court Bench of Justice Dinesh Mehta stated that “The Respondents cannot deny the Petitioner Special Bonafide Resident Certificate (TSP Area) simply because she has moved out of TSP Area, as a consequence of her marriage.”
The Petitioner had applied for a grant of Special Bonafide Resident Certificate but was not granted the Certificate by the Respondents as according to them the Petitioner did not reside in the Tribal Sub Plan Area anymore, where she was born, so she is not entitled to the Certificate.
The Petitioner’s Advocate stated that the Petitioner before her marriage resided in Jaisinghpura, Moonjva, Tehsil Badi Sadri, Chittorgarh, Rajasthan and was born there, which happens to be a Tribal Sub Plan Area. This is evident through the perusal of her Bonafide Resident Certificate from December 6, 2010.
The Bench stated in this regard that “Special Bonafide residence or residence is to be reckoned from the native place of residence of the candidate and his parents. It has nothing to do with marriage.”
The Rajasthan High Court Ordered the Tehsildar and Sub Divisional Officer of Tehsil Badi Sadri in Chittorgarh, to issue the Special Bonafide Resident Certificate to the Petitioner.