Case Note & Summary
The matter concerned two writ petitions filed under Article 226 of the Constitution of India challenging orders withdrawing Non-Creamy Layer certificates. The petitioners, medical students belonging to the Other Backward Classes, had obtained admissions in private medical colleges under the OBC quota based on these certificates. The certificates were issued after following the procedure, including filing of affidavits and verification by the Tahsildar and Caste Scrutiny Committee. Subsequently, the Collector of the district cancelled the certificates on the grounds of misrepresentation or suppression of material facts. The petitioners contended that their parents held Group C posts and that the income from salary of Group C employees should be excluded for determining creamy layer status as per the Office Memoranda of the Central Government dated 8th September 1993, and subsequent revisions increasing the income limit. They argued that the certificates were obtained legitimately and that the cancellation was without proper opportunity of hearing. The respondents maintained the validity of the cancellation, alleging that the petitioners had suppressed income details. The court noted that the petitioners admitted the jurisdiction to verify and cancel certificates obtained by fraud, but the dispute centered on the correctness of the procedure followed. The court referred to Article 15(4) of the Constitution, which allows special provisions for socially and educationally backward classes, and the need to exclude the creamy layer from such benefits. The judgment analysed the Office Memoranda criteria and the meaning of non-creamy layer. However, the text of the judgment is incomplete and does not contain the final decision of the court.
Headnote
A) Constitutional Law - Reservations for Other Backward Classes - Non-Creamy Layer Certificates - Constitution of India, Articles 15(4), 29 - The petitioners challenged the cancellation of Non-Creamy Layer certificates issued for admission to medical courses under OBC quota, contending that income from salary of Group C employees must be excluded per Office Memoranda dated 8.9.1993. The court examined the procedure adopted for cancellation and the allegation of misrepresentation. Held, the matter required examination of whether the inquiry was properly conducted. (Paras 2-19)
Issue of Consideration
Whether the cancellation of the Non-Creamy Layer certificate was valid, considering the criteria for creamy layer exclusion and whether the inquiry was conducted fairly.
Law Points
- Non-Creamy Layer certificate
- OBC reservation
- Creamy Layer criteria
- Office Memoranda dated 8.9.1993
- Income limit exclusion for salary
- Group C and D employees
- Caste certificate verification
Case Details
2016 LawText (BOM) (10) 130
Writ Petition No. 2091 of 2014
S.C. Dharmadhikari, B.P. Colabawalla
Mr. A. V. Anturkar, Senior Counsel with Mr. Prathamesh Bhargude, Mr. Mahesh D. Tiwari for the Petitioner in W.P. 2091/14; Mr. V. M. Thorat with Ms. P. V. Thorat, Mr. A. Sheth, Ms S. N. Shivkar for the Petitioner in WP.2091/14; Mr. Abhay L. Patki, Addl Govt. Pleader with Mr. A. I. Patel, Addl. Govt. Pleader for the Respondent Nos. 1, 2, and 4-State; Mr. Rajshekhar V. Govilkar for Respondent No.3
Ms. Apurva Dnyaneshwar Mhatre
The State of Maharashtra and Others
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Nature of Litigation
Writ petitions under Article 226 of the Constitution challenging the cancellation of Non-Creamy Layer certificates issued for OBC candidates seeking admission to medical courses.
Remedy Sought
Quashing of the order dated 8th October, 2013 passed by the Collector cancelling the Non-Creamy Layer certificate.
Filing Reason
The certificate was cancelled on the ground that it was obtained by misrepresentation or suppression of material facts regarding the income and employment of the parents.
Issues
Whether the cancellation of the Non-Creamy Layer certificate was valid in law.
Whether the income from salary of Group C employees should be excluded for determining creamy layer status.
Whether the inquiry leading to cancellation followed a fair procedure.
Submissions/Arguments
Petitioners argued that the income from salary of Group C employees is not to be counted for creamy layer determination as per Office Memorandum dated 8.9.1993.
Petitioners contended that the mother's income as a teacher in a municipal school was below the ceiling limit and had been disclosed.
Petitioners submitted that their father's affidavit disclosed other income from postal deposits and there was no misrepresentation.
Petitioners alleged that the cancellation was done without affording adequate opportunity of hearing.
Judgment Excerpts
The competence and jurisdiction to hold such scrutiny and verification in order to satisfy that the certificate has not been obtained by fraud, misrepresentation, suppression of relevant and material facts is conceded in both these Petitions.
The Non-creamy layer therefore is that which requires the support of these relaxations or concessions / reservations.
Group-C and Group-D post holders were not dis-entitled to OBC reservation and it is not their salaried income which would determine as to whether they fulfill the criteria evolved in that O.M.
Procedural History
Writ Petition No.2091 of 2014 was filed on 28th February, 2014 challenging the order dated 8th October, 2013. Notice was issued, respondents appeared and waived service. Rule was made returnable forthwith and the petition was heard finally along with connected Writ Petition No.2545 of 2014.
Acts & Sections
- Constitution of India: Article 226, Article 15(4), Article 29
