- 1 - HC-KAR NC: 2025:KHC:20778-DB WP No. 13779 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JUNE, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE DR. JUSTICE K.MANMADHA RAO WRIT PETITION NO. 13779 OF 2025 (EDN-RES) BETWEEN: 1. MASTER PARESH M.S. S/O SRIKANTH M.V. AGED 17 YEARS 11 MONTHS R/O. BRAHAMANA MANCHALE VILLAGE BRAHAMANA MANCHALE POST SAGARA TALUK SHIVAMOGGA DISTRICT-577 431 REP. BY HIS NATURAL GUARDIAN SRI. SRIKANTH M.V. S/O M.H. VENKATARAMANAIAH AGED 56 YEARS R/OF. BRAHAMANA MANCHALE VILLAGE BRAHAMANA MANCHALE POST SAGARA TALUK SHIVAMOGGA DISTRICT-577 431 2. MISS. SURABHI M.G. D/O M.G. GURUPRASAD AGED 17 YEARS 4 MONTHS R/O. BRAHAMANA MANCHALE VILLAGE BRAHAMANA MANCHALE POST SAGARA TALUK SHIVAMOGGA DISTRICT-577 431 REP. BY HER NATURAL GUARDIAN SRI. M.G. GURUPRASAD S/O M.T. GOVINDAPPA AGED 51 YEARS Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:20778-DB WP No. 13779 of 2025 R/O. BRAHAMANA MANCHALE VILLAGE BRAHAMANA MANCHALE POST SAGARA TALUK SHIVAMOGGA DISTRICT-577 431 3. MASTER ABHINAV BHAGI S/O ADITYA BHAGI AGED 18 YEARS R/O. HEGGODU VILLAGE HONNESARA POST SAGARA TALUK SHIVAMOGGA DISTRICT-577 417 4. MASTER. PRADYOTH S. NADIG S/O SRINATH N.S. AGED 18 YEARS R/O. NEECHADI VILLAGE NEECHADI POST SAGARA TALUK SHIVAMOGGA DISTRICT-577 431 5. MASTER SRUJAN N.G. S/O GANAPATHI AGED 18 YEARS R/O. NEECHADI VILLAGE NEECHADI POST SAGARA TALUK SHIVAMOGGA DISTRICT-577 431 6. MISS. SHAMITHA R. D/O RAMANANADA B.S. AGED 17 YEARS 5 MONTHS R/O. BHIMANAKONE VILLAGE BHIMANAKONE POST SAGARA TALUK SHIVAMOGGA DISTRICT-577 417 REP. BY HER NATURAL GUARDIAN SRI. RAMANANADA B.S. S/O SURYANARAYANA RAO B.M. AGED 54 YEARS R/O. BHIMANAKONE VILLAGE - 3 - HC-KAR NC: 2025:KHC:20778-DB WP No. 13779 of 2025 BHIMANAKONE POST SAGARA TALUK SHIVAMOGGA DISTRICT-577 417 …PETITIONERS (BY SRI. VINAYAKA B., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF HIGHER EDUCATION REPRESENTED BY ITS PRINCIPAL SECRETARY M.S. BUILDING, AMBEDKAR VEEDHI BENGALURU-560 001 2. KARNATAKA EXAMINATION AUTHORITY 18TH CROSS, SAMPIGE ROAD MALLESHWARAM BENGALURU-560 012 REP. BY EXECUTIVE DIRECTOR 3. THE TAHSILDAR TAHSILDAR OFFICE SAGARA TALUK SHIVAMOGGA-577 401 tehsil.sagara@gmail.com 4. THE DEPUTY TAHSILDAR KASABA HOBLI TAHSILDAR OFFICE SAGARA TALUK SHIVAMOGGA DISTRICT-577 401 5. THE DEPUTY TAHSILDAR ANANDAPURAM HOBLI TAHSILDAR OFFICE SAGARA TALUK SHIVAMOGGA DISTRICT-577 412 …RESPONDENTS (BY SRI. SUDEV HEGDE, AGA FOR R1, R3, R4 & R5; SRI. N.K. RAMESH, ADVOCATE FOR R2) - 4 - HC-KAR NC: 2025:KHC:20778-DB WP No. 13779 of 2025 THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, 1950, PRAYING TO (i) ISSUE WRIT OF CERTIORARI QUASHING THE IMPUGNED ENDORSEMENT BEARING No.JAATI AADAYA VIVA: 79/24-25 DATED 24.02.2025 ISSUED BY THE 3RD RESPONDENT - TAHSILDAR, SAGARA VIDE ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR HEARING ON INTERLOCUTORY APPLICATION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE DR. JUSTICE K.MANMADHA RAO ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) Heard the learned counsel for the petitioners, the learned Government Advocate appearing for respondents No.1 and 3 to 5, and Sri. N K Ramesh, learned standing counsel appearing for respondent No.2. 2. Learned counsel for the petitioners submits that the Karnataka Examination Authority (for short 'KEA') prospectus provides for submission of Non-Creamy Layer Certificates by Rural candidates including persons like the petitioners who are not belonging to Other Backward Classes ( for short 'OBC'). - 5 - HC-KAR NC: 2025:KHC:20778-DB WP No. 13779 of 2025 3. It is submitted that in respect of the 6th petitioner, a Non-Creamy Layer Certificate had been issued by the concerned Tahasildar, but the same has also been cancelled on the basis of the stand taken by respondents No.3 to 5 that the petitioners are not entitled to Non-Creamy Layer Certificate, since they do not belong to Other Backward Classes. 4. Having considered the contentions advanced and in view of the requirement in the prospectus that a Non-Creamy Layer Certificate is required even in the case of Open Category Candidate and since such a certificate is being insisted by the KEA, we are of the opinion that rejection of application for Non-Creamy Layer Certificate filed by the petitioners was not proper. 5. In the above circumstances, the impugned orders and the endorsements are set aside. There will be a direction to respondents No.3 to 5 to issue Non-Creamy Layer Certificate to the writ petitioners within two weeks - 6 - HC-KAR NC: 2025:KHC:20778-DB WP No. 13779 of 2025 from today to enable them to make their applications under the Rural Category. The Non-Creamy Layer Certificate so produced by the petitioners shall be accepted by the KEA and further steps shall be taken in that regard. 6. The first respondent is further directed to look into the matter and to clarify whether a Non-Creamy Layer Certificate is required to be procured by the candidates other than those belonging to OBC and to direct for appropriate clarifications to be made in the rules and the prospectus as applicable. Accordingly, the writ petition is disposed of. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (DR.K.MANMADHA RAO) JUDGE RAK,List No.: 1 Sl No.: 42