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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
VIBHU BAKHRU, CJ., C.M. POONACHA
Shreya H.J., W/o. Mr. Shrenag C.V. – Appellant
Versus
State Of Karnataka, Represented By Its Principal Secretary, Law Department – Respondent
| Table of Content |
|---|
| 1. writ petitioner seeks reservation under category-ii(a) (Para 3 , 4 , 5) |
| 2. pension is included in assessing income (Para 6 , 8 , 36) |
| 3. income of parents must be considered for creamy layer status (Para 10 , 29 , 30) |
| 4. government order on creamy layer policy outlined (Para 27 , 28) |
| 5. court's decision on the appeal outcomes (Para 37 , 38 , 39) |
JUDGMENT :
VIBHU BAKHRU, CJ.
1. For the reasons stated in the application―I.A.No.1/2025, the same is allowed. The delay of 213 days in filing W.A.No.1285/2025 is condoned.
2. These appeals arise from a common order dated 29.11.2024 [impugned order] passed by the learned Single Judge in W.P.No.24219/2024 (GM-CC) connected with W.P.No.21245/2024 (GM-CC).
3. The writ petitioner (Smt. Shreya H.J) had filed W.P.No.24219/2024 impugning an order dated 26.08.2024 passed by the District Caste and Income Verification Committee [the Committee] – which was arrayed as respondent No.3 in the said writ petition – whereby it was held that the writ petitioner was not eligible for issuance of Sindhutva Certificate under Category-II(A).
4. The writ petitioner had also filed W.P.No.21245/2024, inter alia, praying that directions be issued to the resp
The creamy layer status for reservation eligibility is determined by parents' income, including pensions, not by a married woman's personal circumstances.
Sons and daughters of individuals with incomes exceeding specified thresholds, including salaries, are ineligible for reservation benefits under creamy layer classification.
Candidates must submit all required certificates at the time of counseling to claim reservation benefits.
Validity certificates for backward caste eligibility must consider only parental income, rejecting spousal income based on established legal precedents.
The court emphasized the importance of timely submission of required documents and the need to meet the prescribed income eligibility criteria for reservation categories.
Mere pendency of an order of reference, will not have the effect of disturbing the ratio decidendi therein, this Court as a High Court is obliged to follow the said dictum.
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