IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 10^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

WRIT PETITION NO. 37234 OF 2025 (GM-CC)

BETWEEN:

MANASA R M

D/O MANJEGOWDA, 48 YEARS,

RAJAGATTA VILLAGE, KASABA HOBLI,

HASSAN TALUK AND DISTRICT-573 201.

…PETITIONER

(BY SMT.SHARADAMBA A R., ADVOCATE)

AND:

1. STATE OF KARNATAKA

BY ITS SECRETARY, DEPARTMENT OF DPAR, ROOM

NO.245, 2^ND FLOOR, VIDHANA SOUDHA,

BENGALURU-01.

Digitally signed

by SHWETHA

RAGHAVENDRA 2. THE DEPUTY COMMISSIONER AND

Location: HIGH THE CHAIRMAN,

COURT OF

DISTRICT CASTE AND INCOME

KARNATAKA

VERIFICATION COMMITTEE, HASSAN,

HASSAN DISTRICT.573 201.

3. THE DEPUTY SECRETARY, (ADMINISTRATION)

ZILLA PANCHAYATH AND MEMBER,

DISTRICT CASTE AND INCOME VERIFICATION

COMMITTEE, HASSAN, HASSAN DISTRICT.573 201.

4. THE TAHASILDAR, MEMBER DISTRCT CASTE AND INCOME VERIFICATION COMMITTEE, HASSAN, HASSAN DISTRICT.573 201. 5. THE DISTRICT OFFICER, MEMBER SECRETARY, BACKWARD CLASSES AND MINORITIES, DISTRCT CASTE AND INCOME VERIFICATION COMMITTEE, HASSAN, HASSAN DISTRICT.573 201.

6. THE COMMISSIONER, DISTRCT INDUSTRIAL TRAINING AND EMPLOYMENT COMMISSION, KAUSHALYA BHAVAN DAIRY CIRCLE, BANNERAGATA ROAD, BENGALURU-560029.

…RESPONDENTS (BY SRI.B.RAVINDRANATH, AGA)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 PRAYING TO QUASH THE ORDER DTD 29.09.2025 PASSED BY THE R-5, IN NO. HIMVAKAE-5/SINDHUTHVA/CR/2025-26 AT ANNX-E AND ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

ORAL ORDER

1. The petitioner is before this Court seeking for the following reliefs:

"a) Issue a writ of certiorari quashing the order dated 29.09.2025, passed by the respondent No.5, in No.HIMVAKAE- 5/SINDHUTHVA/CR/2025-26 at Annexure-E.

b) Direct the respondents to issue the validity Certificate immediately declaring the caste and income certificate of the petitioner as genuine by taking the income of the father of the petitioner.

c) Issue any appropriate order or direction as this Hon'ble Court deems fit and proper in the circumstances of the case including imposing heavy cost on the respondents including the cost of this litigation."

2. The petitioner is before this Court challenging the order dated 29.09.2025 passed by respondent No.5, declining the issuance of a validity certificate to the petitioner as regard to the income of the petitioner on the ground that if the income of the petitioner's husband is added to the income of the petitioner and the father of the petitioner, the same is in excess of ₹6,00,000/- (Rupees Six Lakhs only).

3. This Court in its Order dated 08.07.2025 in W.P.No.10897/2024 has categorically held that while determining as to whether an individual belongs to a 'creamy layer', the income of the parents can only be taken into consideration, not that of the husband. In the impugned order, respondent No.5, having taken into account the income of the husband of the petitioner, the same is unsustainable. As such, I pass the following:

ORDER

i. The writ petition is allowed.

ii. Certiorari is issued, the order dated

29.09.2025 passed by respondent No.5 at Annexure-E is quashed.

iii. Respondent No.5 is directed to consider and issue the validity certificate in respect of the petitioner, taking into account the income of the parental income alone in terms of the direction in W.P.No.10897/2024 within 15 days from the date of receipt of a copy of this order.

SD/-

(SURAJ GOVINDARAJ)

JUDGE rv List No.: 1 Sl No.: 34