Decided on March 15,2005

Ritu Parn Namdeo Appellant


L.C.BHADOO,J. - (1.) By way of this writ petition under Article 226/227 of the Constitution of India, the petitioner has questioned the legality, correctness and propriety of the order dated 27-11 -2004 passed by the Tehsildar, Baloda Bazaar, District Raipur, whereby the Tehsildar rejected the application of the petitioner, moved for issuance of OBC certificate, on the ground that the petitioner's father's income is more than Rs. 3 lakhs, therefore the petitioner comes in the category of creamy layer.
(2.) Brief facts leading to filing of this writ petition are that after passing the graduation examination the petitioner is prosecuting his studies in law course at Delhi University and he is permanent resident of Baloda Bazaar, District Raipur. Petitioner's father Dr. Bharat Namdeo is working as Doctor (Class I Officer) in the Health Department in the State of Uttar Pradesh. Father of the petitioner is from Namdeo caste, which has been declared as Other Backward Class for the State of Chhattisgarh. Further case of the petitioner is that the petitioner appeared in the All India Services Preliminary Examination conducted by the Union Public Service Commission in the year 2004 which he passed and thereafter, he has appeared in the main examination and the result is likely to be declared in the month of February, 2005 or March, 2005. The petitioner belongs to Namdeo (Darji) caste, which falls in the category of backward class. Accordingly, the petitioner's uncle moved for issuance of OBC certificate. However, the Tehsildar orally refused to issue the certificate on the ground that the petitioner's family comes in the category of creamy layer. The uncle of the petitioner approached respondent No. 4, but he replied that the authorities are waiting the relevant circular of the State Government and the Union Government, and ultimately, the petitioner's uncle wrote a letter to the Collector requesting him to direct the sub-ordinate officers for issuance of the certificate. When under the direction of the Collector the petitioner's uncle appeared before the Tehsildar, then he said that the petitioner comes under the category of creamy layer on the ground that petitioner's father Dr. Bharat Namdeo's salary is more than Rs. 3 lakhs per annum, whereas, the said impression of the Tehsildar is incorrect in view of the circular dated 9-3-2004 (Annexure P-5) issued by the Union Government. The UPSC vide its letter dated 3-11-2004 directed the petitioner to submit the caste certificate by 23-11-2004 failing which candidature of the petitioner for the examination will be cancelled. Under the circumstances, the petitioner filed Writ Petition No. 4374/2004 and the Court directed the Tehsildar to decide the application of the petitioner and ultimately vide the impugned order, the Tehsildar has rejected the application.
(3.) Further case of the petitioner is that as per the guidelines issued by the erstwhile State of Madhya Pradesh in the year 1999, the petitioner does not come under the definition of creamy layer, although the father of the petitioner is a doctor (Class I Officer), but he was initially recruited as Class II Officer and was promoted as Class I Officer after attaining the age of 50 years. Therefore, as per the guidelines, the petitioner does not come under the category of creamy layer. It is clear from the above guidelines that while considering the criteria of income of any person in order to decide whether a particular person comes under creamy layer or not, salary or income from the agriculture can not be added for the purpose of ascertaining the income, as such, the impugned order is arbitrary and the same is liable to be quashed.;

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