Backword class 2A certificate in Karnataka
1 year ago
I Karnataka government issues 2A certificate which is equivalent to OBC certificate in center. I am married Woman, when I apply for the backward class 2A certificate they rejected my application saying parents income can not be considered and I should go with my husbands income. I questioned this saying as per central OBC rule creamy layer is defined by Parents status not from spouses. Then they showed me a document from 1986, which roughly translates to if in case of married women her creamy layer status has to be decided by Her husbands income. Is this correct? Can some learned people help me here. Can state have that kind of policy which is contradicting to Central rule. Also what is some one wants both central OBC and 2A certificates ? If what they follow here in case of married woman is not correct. How can i challenge this. Whom to approach, Is there an easy way to approach any court. Kindly help me with the procedure, if some one could help here.
The creamy layer is based on the status of your parents.
The government had stipulated that it would be revised every three years and September 13, 2017 (Rs 8 lakh) was the last revision and it is now more than three years since the last revision. If the notifications of Central and State are contradicting each other, then the Central rules will prevail over the state rules. However you can file a writ petition before the Karnataka High Court to move with the same legally.
Anonymous
Replied 1 year ago
Hi Sir, Thank you for clarifying. Are you in bangalore? and how much it would cost to file writ petition. Will you able to take up this.
This is larger issue, It may be affecting 1000s of ppl. Also some people might have already been taking advantage of this flaw ( Like the ones who are in creamy layer during their graduation or with parents income, after marriage may be claiming non creamy layer based on husbands income, especially if husband is doing business or in private job). If it is going to be expensive to fight for larger issue then I may not be in a position to do that ( financially). I might have live with this, or try to form group of impacted ppl to reduce the cost, which i am already on it. If the cost is not going to be very high then I am okay to proceed with the case.. Kindly let me know your view and contact details
If contradictory opinions prevail then the latest will prevail and the circulars issued by Central Government will prevail over State Government circulars. You have a good case to get positive result if you go to High Court.
Anonymous
Replied 1 year ago
Thank you sir, I would like to go to high court. kindly let me know what would be the cost. I would like to talk to you on phone on this.
For getting non creamy layer certificate for OBC the criteria is that the family income should be upto certain level and usually these benefits are taken by students for admission to colleges or job hence here family income includes the father's income.
Once a girl gets married then her family means with and includes the husband and not father. So, even if the rule is not very clear but I guess the income of the husband should be considered
Anonymous
Replied 1 year ago
Thank you sir, In central OBC rule is very clear, OBC non creamy layer status is based on Parents income, Not self income or spouse income. This is problem with state rules in karnataka, I am not aware of other states. Thanks for your response sir.
Recruitment Rules Problem
10 percent interest rate per month
Asking For RTI
Mental Harrasment by professor
Inquiry for RTI act 2005
