- 1 - HC-KAR NC: 2026:KHC:32935 WP No. 7228 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 7228 OF 2023 (GM-CC) BETWEEN: NAGARAJA NAIRY K., AGED ABOUT 49 YEARS, S/O LATE K AITHA NAIRY, H NO 3-73 A, KARKADA VILLAGE, SALIGRAMA, BRAHMAVAR TALUK, UDUPI DISTRICT - 576 225. …PETITIONER (BY SRI. AKASH B SHETTY.,ADVOCATE) AND: 1. UNION OF INDIA REPRESENTED BY THE SECRETARY, THE NATIONAL COMMISSION FOR BACKWARD CLASSES, TRIKOOT - 1, BHIKAJI CAMA PLACE, NEW DELHI 110066. 2. STATE OF KARNATAKA THE CHIEF SECRETARY, GOVERNMENT OF KARNATAKA BENGALURU -560 001. 3. THE TAHSILDAR BRAHMAVAR TALUK, UDUPI DISTRICT - 576 213. 4. THE DEPUTY COMMISSIONER UDUPI DISTRICT, RAJATADRI, Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:32935 WP No. 7228 of 2023 MANIPAL UDUPI 576 104. …RESPONDENTS (BY SRI. M.N. KUMAR, ADVOCATE FOR R1; SRI. SRINIVAS KUMAR M., HCGP FOR R2 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R3 TO CONSIDER PETITIONERS APPLICATION RD1219170000747 VIDE ANNEXURE-B1 FOR ISSUE OF CENTRAL OBC CERTIFICATE (NON-CREAMY LAYER) TO PETITIONERS DAUGHTER NIDHI.K (MINOR) AS THE PETITIONER HAS NO INCOME OTHER THAN SALARY INCOME AND HENCE, THE PETITIONER'S DAUGHTER IS NOT COVERED UNDER CREAMY LAYER OF CENTRAL OBC RESERVATION AND ETC. THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER Petitioner who is working in the Central Excise and Central Tax(GST) Department as Superintendent of Central Tax(Gazette-grade GR.B) being promoted from the post of Inspector of Central Excise and Customs and his wife being a house maker having no independent income, had submitted an application for issuance of Central OBC Certificate(non creamy layer) for the purpose of claiming benefit of OBC(non creamy layer) reservation for his daughter to take up JEE(Mains), NEET and CUET examination to be conducted by the National Testing - 3 - HC-KAR NC: 2026:KHC:32935 WP No. 7228 of 2023 Agency. The said application has been rejected by the Tahsildar-respondent No.3 vide order dated 17.01.2023 on the premise of petitioner's income exceeding the limit. It is this order which has constrained the petitioner to approach this Court. 2. The issue raised by the petitioner is covered by the order of this Court in W.P.No.2667/2021 dated 30.08.2024 as well as the judgment of the Apex Court in the case of Union of India and others Vs Rohith Nathan and anr reported in 2026 SCC online SC 352. 3. Learned counsel appearing for the respondent authorities do not dispute the position of law. 4. In that view of the matter, petition is allowed. impugned order dated 17.01.2023 at Annexure-B is set aside. 5. Respondent No.3-Tahsildar is directed to consider the petitioner's application for issuance of necessary certificate as sought for within an outer limit of 30 days from the date of receipt of the certified copy of this order. - 4 - HC-KAR NC: 2026:KHC:32935 WP No. 7228 of 2023 6. Sri.M.N.Kumar, learned Central Government Standing Counsel is permitted to file memo of appearance for respondent No.1 within two weeks. Sd/- (M.G.S. KAMAL) JUDGE SBN List No.: 1 Sl No.: 21