Kerala High Court Seeks Clarification Over Disparity In Calculation Of Income Of Govt & Pvt Employees For Issuing Non-Creamy Layer Certificates
The Kerala High Court has sought clarification from the State regarding the exclusion of the salary of government employees while calculating income for the issuance of 'Non-Creamy Layer Certificates' to obtain an OBC reservation for students belonging to the Socially and Economically Backward Classes (SEBC).The Court sought such clarification upon noting that the salary of private employees...
The Kerala High Court has sought clarification from the State regarding the exclusion of the salary of government employees while calculating income for the issuance of 'Non-Creamy Layer Certificates' to obtain an OBC reservation for students belonging to the Socially and Economically Backward Classes (SEBC).
The Court sought such clarification upon noting that the salary of private employees was not excluded from the aforesaid calculation.
Justice Devan Ramachandran stated thus:
“Classification of employees between Government Department and the Private Sector does not appear to have any reasonable nexus to any objective sought to be achieved, namely the grant of 'Creamy Layer Certificates'. Whether the parents are employed in the Government Department or Private Sector, 'Creamy Layer' is a matter of fact, which cannot be diluted, going by the various declarations of law by the Honourable Supreme Court.”
A student had applied for the Non-Creamy Layer Certificate based on the 'Government Scheme for Excluding the Creamy Layer from the SEBC for Admission in Professional Degree Courses' (scheme). The father of the student worked in the private sector.
It was submitted that the student who belongs to the SEBC was rejected a non-creamy layer certificate by clubbing the income of her father who works in a private sector enterprise along with his income from other sources.
Going by the scheme, it provides that 'income from salaries and agricultural land shall not be clubbed,' it was argued.
The student alleged that the non-creamy layer certificate was rejected stating that her father's income was higher than the prescribed limit of eight lakhs. This was done by clubbing the income of the father who works in a private sector along with his income from other sources, contrary to the scheme.
The Court stated that there does not appear to be any reasonable nexus for such a classification for excluding the salary of government employees and not private sector employees in calculating the total income.
It thus sought clarification as to why the salary of government servants was excluded from the calculation of income under the scheme. It said:
“I, therefore, adjourn this matter, for the learned Government Pleader to obtain instructions as to why the salary of Government servants are excluded – if it is so – from the Scheme.”
The plea is moved by Advocates Rekha Vasudevan, Soya D.C., Elizabeth V.Joseph, Rojit Zachariah
Case title: Rajith V v State of Kerala
Case number: WP(C) NO. 1727 OF 2024