S.J.MUKHOPADHAYA, J. - (1.) THIS application has been, preferred by the petitioner for direction on the Respondent Deputy Commissioner, Bokaro to consider his case for issuance of Other Backward Category (OBC) Certificate in the format prescribed by the Central Government, he being below the creamy layer. Further prayer has been made to direct the Respondents to take into consideration the Circular No. 329 dated 4th July, 2001 issued by the Personnel and Administrative Reforms Department of the Government of Bihar for issuance of such certificate. Aforesaid prayer has been made so that the petitioner may produce Creamy Layer Certificate on demand by the Union Public Service Commission, he having qualified in the Civil Services Preliminary Examination and appeared in the Mains examination.
(2.) ACCORDING to the petitioner, he belongs to OBC in terms of the Central and Slate List being BANIA (MODI) by Caste. He was granted Caste Certificate and Residence Certificate by the Circle Officer, Nawadih. He also applied for Income Certificate of his father by submitting salary certificate, as also the Income Tax Return and accordingly, Income Certificate regarding the total income of his father was issued on 31st January, 2002. Further case of the petitioner is that his father has only one income as apparent from the salary Certificate. He applied for issuance of OBC Certificate in prescribed form prescribed by the Department of Personnel, Government of India, which is issued only to those who do not fall within Creamy layer. The Circle Officer enquired into the matter, processed at his level and forwarded it to the Deputy Commissioner, Bokaro. Thereafter, the Deputy Commissioner, Bokaro asked him to meet the District Welfare Officer. He met the Sub divisional Officer and brought to the notice of the said authority the income of his father. The father of petitioner is a Head Master in a secondary school. It is a Class II Gazetted post. The Certificate Officer in his note mentioned that since the income of petitioners father is more than Rupees One lakh per annum, the petitioner can not be granted OBC Certificate under Non - creamy Layer Category.
(3.) IN the writ petition, the petitioner took plea that his father has no other source of income. However, at the time of argument, impression was given that the father of the petitioner has other income such as income from agriculture.;