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Querist : Anonymous (Querist) 30 December 2024 This query is : Resolved
Sir, i have applied for RBA certificate but get rejected by the concerned tehsildar as the annual income of my family is more than 8 lac per annum. But as I get married in the month of feb 2023, i applied for separate ration card in which my family mentioned is only me and my spouse and got it in the month of Jan 2024 . Now, i just want to know that if now in jan 2025 if i applied for rba again whether they demand last three consecutive family income include my parents also or just last three years income of me and my spouse. kindly help

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This discussion addresses an individual's RBA certificate application rejection due to family income exceeding the limit, despite a recent marriage and separate ration card. The core question is whether future applications will consider parental income or only the applicant's and their spouse's income. The provided rules suggest that if an applicant is dependent on parents, their income is considered. If not dependent and living separately, the applicant's and spouse's income are assessed over the last three years, excluding agricultural income. However, the rules lack explicit clarity on this specific post-marriage scenario, suggesting a potential approach of submitting based on spouse's income and considering legal recourse if rejected.

T. Kalaiselvan, Advocate (Expert) 30 December 2024
An RBA certificate is a Resident of Backward Area certificate, which is issued to residents of areas declared as socially and educationally backward by the Jammu and Kashmir reservation act 2004.
you can apply for the same within your father's residential jurisdiction.

Dr. J C Vashista (Expert) 30 December 2024
Local (State) laws apply in the instant case, it is better to consult a local lawyer.

kavksatyanarayana (Expert) 30 December 2024
”Income” refers only to the income of the parents and not the candidate's income. The status of RBA candidate is determined on the basis of the status of his/her parents and not on the basis of his/her own status or income or that of his/her spouse (husband or wife).

Dr. J C Vashista (Expert) 31 December 2024
I think after marriage of the candidate income of individual is clubbed with his/ her spouse but not his / her parents income is calculated to determine the limit.
Please correct me, if you feel so.

P. Venu (Expert) 03 January 2025
Rule 22 of the J&K Reservation Rules provides the answer:
"22. Determination of Annual Income. - The annual income of a person claiming benefit under these rules shall be determined in the following manner: -
(i) Where a person is living with his/her parents/guardian and is dependent upon them/him, the annual income of parents/guardian from all sources shall be taken into account;
(ii) Where a person is not living with his/her parents/guardian and is not dependent upon them/him, his/her annual income from all sources including that of his/her spouse shall be
taken into account:
Provided that the annual income shall be assessed by taking into annual income shall be assessed by taking into account the average of the gross annual income of last three consecutive years excluding the agricultural income.

[(iii) Any person appointed against any available vacancy on the basis of his being a resident of backward area or an area adjoining line of control shall be posted in such area as
provided under sub-sections (2) and (3) of section 3 of the Act.]

The Rules provide no clarity on the issue raised. You take a chance by furnishing information based on the spouse's income providing the reason. If your application is rejected, High Court be approached through A Writ Petition.

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