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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M.NAGAPRASANNA
Muthulaxmi B.N. D/o B.K. Nagraj – Appellant
Versus
State of Karnataka – Respondent
ORDER :
1. The petitioner is before this Court calling in question an order dated 06-03-2024 which declines issuance of a Validity certificate validating the caste and income certificate already issued, on the score that her husband’s income is beyond the permissible threshold of grant of such certificate.
2. Heard Smt. A.R. Sharadamba, learned counsel appearing for the petitioner and Sri Spoorthy Hegde, learned High Court Government Pleader appearing for the respondents.
3. Facts, in brief, germane are as follows: -
The State Government issues a notification calling for applications from eligible candidates for appointment to the posts of Assistant Public Prosecutors through the Directorate of Prosecution and Public Litigation Department. The notification was issued for filling up of 181 posts on 30-09-2019. The petitioner finding herself eligible, applies for the said post and was selected as one of the Assistant Public Prosecutors under the Category 3A in terms of the select list dated 17-01-2023. After the notification of the select list, in terms of the process of selection, the petitioner is said to have uploaded all the documents for verification on the Sevasindhu portal on 25-0
Validity certificates for backward caste eligibility must consider only parental income, rejecting spousal income based on established legal precedents.
The creamy layer status for reservation eligibility is determined by parents' income, including pensions, not by a married woman's personal circumstances.
Valid reservation certificates must be submitted by the application deadline to qualify for merit categories in recruitment processes.
Sons and daughters of individuals with incomes exceeding specified thresholds, including salaries, are ineligible for reservation benefits under creamy layer classification.
Point of Law : Caste Certificate and Income Certificate issued under 1990 Act are two different and distinct certificates. Both certificates cannot be treated alike.
The main legal point established in the judgment is the invalidation of the caste certificate and the overruling of previous decisions by a larger bench, leading to the dismissal of the first respond....
Point of Law : High Court while exercising powers under Article 226 has power to do substantial justice.
Caste Certificate – Cancellation of - Subsequent declaration of law by overruling the N.E.Horo cannot ipso facto result in the caste certificate issued to respondent No.l herein being fraudulent, ill....
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