Kerala High Court Denies Plea For Non-Creamy Layer OBC Certificate, Says Engagement In Hereditary Occupation Needed For Certification

The Kerala High Court rejected a plea for 'non-creamy layer' certification on the ground that the petitioner wouldn't qualify for the categorization as it only applies to individuals engaged in their hereditary occupation.

A single judge bench of Justice Devan Ramachandran was hearing a matter where the petitioner was denied a non-creamy layer certificate by the Tahsildar and Sub-Collector.

The court pointed out that the petitioner's father was a Class II Government Officer, without being ever engaged in or involved in the traditional avocation of his ancestors, and as such, the petitioner wouldn't qualify under the non-creamy layer.

The petitioner was denied the certificate after the genealogical study conducted found the petitioner to be part of the 'Hindu Naickan' community and not the 'Tuluva Naickan' community, the latter of which is included in the OBC list of Kerala.

The petitioner submitted that the categorization is irrelevant considering her father is engaged in the traditional work of masonry, the occupation of his ancestors, which qualified her to be classified under the 'non-creamy layer' as per the rules of exclusion.

The bench rejected the plea, adding that the rules of exclusion would apply only to those persons who are working as artisans or engaged in hereditary occupations.

The court also considered the petitioner's assertions and concluded that the father's caste categorization as 'Tuluva Naickan' is an error, with the correct category being 'Hindu Naickan' and therefore, held that only such a certificate would be eligible for her.

Counsel for Petitioners: Advocates R Reji Kumar and PR Jayakrishnan

Case Title: Chandini CK v. The State of Kerala and ors.

Case Number: WP(C) No. 2126 of 2023

Citation: 2024 LiveLaw (Ker) 107

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