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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
VIBHU BAKHRU, CJ., C.M.POONACHA
Commissioner/Appelate Authority – Appellant
Versus
Raghavendra Fakeerappa Chandrananavar S/o Fakeerappa Chandanavar – Respondent
JUDGMENT :
(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
1. The appellants have filed the present intra-court appeal impugning an order dated 28.10.2024 [impugned order] passed by the learned Single Judge of this Court in W.P.No.25063/2024 (GM-CC).
2. The respondent had filed the said petition impugning an order dated 06.03.2024 passed by appellant No.2 – District Caste and Income Verification Committee [the Committee] – rejecting the respondent's claim for reservation under 'Kuruba Caste' as void. The Committee had concluded that the respondent falls under 'creamy layer' and therefore, is not entitled to claim reservation under Category-II(A) of the Government Order classifying the backward classes.
3. The petition preferred by the respondent was allowed by the learned Single Judge and the order dated 06.03.2024 passed by the Committee was set aside. Additionally, the learned Single Judge directed appellant No.2, to issue a caste validity certificate certifying that the respondent as eligible for reservation as applicable to Category-II(A) of Kuruba caste within a period of two weeks from the date of the said order.
Prefatory facts
4. The respondent belongs to Kuruba caste, which falls
Sons and daughters of individuals with incomes exceeding specified thresholds, including salaries, are ineligible for reservation benefits under creamy layer classification.
The creamy layer status for reservation eligibility is determined by parents' income, including pensions, not by a married woman's personal circumstances.
Reservation – Exclusion of ‘creamy layer’ – Persons from backward classes who occupied posts in higher services like IAS, IPS and All India Services had reached a higher level of social advancement a....
Candidates must submit all required certificates at the time of counseling to claim reservation benefits.
The creamy layer status for reservation should be determined considering both parental status and income, and must not impose disparities between government and private sector employees under OBC cla....
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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