Person Must Be Engaged Or Working As Artisan Or In Hereditary Occupation: Kerala HC Dismisses A Plea Seeking ‘Non-Creamy Layer’ OBC Certificate

The Kerala High Court dismissed a petition filed by a woman seeking ‘Non-Creamy Layer’ OBC (Other Backward Class) Certificate on the ground that a person must be engaged or working as an artisan or in hereditary occupation to apply Rules of Exclusion in the Government Order.

The said woman had challenged the orders issued by the Tahsildar and Sub-Collector by which she was denied the said OBC certificate.

A Single Bench of Justice Devan Ramachandran observed, “… Sri.Robin Raj – learned Special Government Pleader, submitted that Ext.P14 is a product in error because, the Officer concerned appears to have been misdirected by the fact that the traditional avocation of the petitioner’s father and sisters was ‘Masonry’. He explained that this mistake appears to have gripped the Officer concerned only because of the submissions of the petitioner to such effect; but that, as already found by this Court above, the applicable Government Orders will not support it, particularly because the person concerned must be engaged or working as an artisan or in hereditary occupation.”

Advocate Reji Kumar appeared for the petitioner while Special Government Pleader Robin Raj appeared for the respondents.

In this case, the petitioner person was denied a ‘Non-Creamy Layer Certificate’ on a finding that even as per the Genealogical Study conducted, she was liable to be included only in the community of ‘Hindu Naickan’ and not ‘Tuluva Naickan’. She said that even if that is true, it would be no consequence, as far as her case was concerned because, her father was a mason and therefore, that notwithstanding whether she was categorized as a ‘Naickan’ or a ‘Tuluva Naickan’, she would stand excluded from the rigour of the notification dealing with the ‘Creamy Layer’ categorization. Hence, she prayed that the orders of the authorities be set aside.

The High Court after hearing the arguments of the counsel noted, “At this time, Sri.R.Reji Kumar interjected to argue that, as per Ext.P14, the Additional Chief Secretary has certified that his client is entitled to be granted a Non Creamy Layer Certificate, even if she is construed to be a Hindu ‘Naickan’. He added that, therefore, the State cannot now resile from this.”

The Court, however, could not find favour with the contentions of the petitioner, for the reason that her father was a Class II Government Officer concededly, without being ever engaged in or involved in the traditional avocation of his ancestors, namely ‘Masonry’.

Accordingly, the Court dismissed the writ petition.

Cause Title- Chandini CK v. The State of Kerala & Ors. (Neutral Citation: 2024:KER:9138)

Appearance:

Petitioner: Advocates R. Reji Kumar and P.R. Jayakrishnan.

Respondents: Special Government Pleader Robin Raj

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