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Basayya Hiremath   03 September 2021

regarding issue of caste and income certificate (state obc non-creamylayer certificate, Karnataka)

Respected sir/ madam, Tahshildar of my Taluk has rejected my caste ( Karnataka state 3B category) and income certificate by considering the saleries of my parents who are teachers (group-c) by profession. The reason he quoted for rejection was that, he considered the salaries of both of my parents which exceeds 8 lakh (upper limit for consideration of non creamy layer obc). But the rule says that, for childern of government servents, to issue caste and income certificate ( non-creamy layer obc), issueing officer should consider service category(group A/B/C) of the parents rather than the salary in gross family income. Needed clarification in this regard.


 6 Replies

G.L.N. Prasad (Retired employee.)     04 September 2021

The Tehsildar is right as the criterion now is considering the parent's total income also.

Desh Ka Gyan   04 September 2021

tehsildar can be right but in a country where federalism is not fully established, these types of arbitrary behavior will be common.

P. Venu (Advocate)     05 September 2021

As your parents are employed and they are Group 'C' employees you are eligible to be placed in the non-creamy layer. When the parent(s) are in service, what matters is the status of their post and not the income. Please see the DoPT OM dated 8th September 1993 which could be accessed at Compendium.pdf
1 Like

Basayya Hiremath   05 September 2021

P. Venu sir, tqs for the response. i have already attached this document and asked to issue noncreamy layer obc certificate. But, tahsildar rejected and gave the endorsement for my appeal submitted to him. He said in that since my caste is in sate obc list he can't follow the office memorandum No.36012/22/93 which was issued by central govt. In Karnataka state Gazette for creamy layer criteria, it is not clearly mentioned whether to consider the salary in family's total gross income or not. presently i appealed to assistant commissioner to give the direction to issue the certificate by tahsildar. AC told he will invite both the parties to his court for further discussion. i have referred to Chattisgarh, Bombay high courts verdicts stating not to consider salary in the total family income. i have also gone through different states( kerala, tamilnadu, andhra, telangana) gazettes in which it is clearly mentioned non to take the salary into consideration for issuing obc creamylayer. Based on these documents how can i demand them to issue the certificate? other state highcourt's judgments are binding on our states offials or not? Karnataka high court has considered the above said office memorandum ( DoPT No.36012/22/93 Esst) in giving judgment to a writ petitioner ( Petitioner was of my caste only i.e 3B obc under state list). since this office memorandum is approved by honorable supreme court in Ashok kumar(supra) vs union case, is there any point/opportunity for me to demand to issue the caste and income certificate? i did this much research on these things, now i need a little legal support from you people as lawyers to fight against unjust. your advices will help me alot in fighting for my right. Thank you.
My No. 7026402402

G.L.N. Prasad (Retired employee.)     05 September 2021

If you want immediate results, it is not wise to put up individual fight, let your caste association raise the issue with Karnataka High Court through writ mandamus, if your research brings light any new facts/directives into the light. Not considering parents total salary into income appears not fair.

Basayya Hiremath   05 September 2021

To bring ppl together to fight for a cause is some what a difficult task sir. People always come forward to take the benefit at the earliest. The state gazette in Karnataka on new comprehensive creamylayer rules was published in 2002 only. People of our state following it since from then, it may be either due to lack of awareness or might be they do not want to fight for it. Even many of the tahsildars, district OBC officers, with whom i have discussed about it were not aware of this things or they just want to follow the state gazette in which there is no clear cut clarification. I'm just a student yet. I consider your suggestion sir. Will work on its feasibility. thanks for your advice.

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