- 1 - HC-KAR CNR: KAHC010240522022 NC: 2026:KHC:42837 WP No. 10986 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 10986 OF 2022 (GM-RES) BETWEEN: SRI RADHAKRISHNA NAYAK S/O SUNDAR NAYAK AGED ABOUT 33 YEARS R/AT KRISHNA NIVAS KADARI (MUDARU) VILLAGE BAJAGOLI POST, KARKALA TALUK UDUPI DISTRICT- 574 110. …PETITIONER (BY SRI. SATISH K.,ADVOCATE) AND: 1. THE COMMISSIONER APPELLATE AUTHORITY DEPARTMENT OF BACKWARD CLASSES WELFARE NO.16, DEVRAJ URS BHAVAN MILLERS TANK BED AREA VASANTHNAGAR BANGALORE- 560 052. 2. THE DEPUTY COMMISSIONER DAKSHINA KANNADA DISTRICT- 574 145. 3. SMT DIVYA M.P., W/O K P SRINIVAS MAJOR R/AT GREEN WOOD, SUVARNA LANE KANKANADI, MANGALORE- 575 002. …RESPONDENTS (R1-SERVED, R2-SERVED Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010240522022 NC: 2026:KHC:42837 WP No. 10986 of 2022 SRI. RAVINDRANATH K., ADVOCATE R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS FROM THE R-1 PERTAINING TO THE IMPUGNED ORDER DATED 20.04.20212 ANNEXURE-Q; AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER 1. Petitioner had raised the dispute with regard to the Caste and Income Certificate that was issued by the Tahsildar in favour of respondent No.3 by filing an appeal before the District Caste Verification Committee. The said appeal filed by the petitioner was dismissed by the District Caste Verification Committee. 2. Against which, the petitioner herein filed an appeal before the Appellate Authority under 4D(iii) of the provisions of the Karnataka SC/ST and Other Backward Classes (Reservation of Appointments, etc.,) Act, 1990. The said appeal came to be dismissed by impugned order dated 20.04.2022 as per Annexure-Q. - 3 - HC-KAR CNR: KAHC010240522022 NC: 2026:KHC:42837 WP No. 10986 of 2022 3. The Appellate Authority while dismissing the appeal has relied upon the order passed by the Co-ordinate Bench of this Court in W.P.No.3390/2018, wherein it was observed, '' It is also clarified that while determining the creamy layer status of a person, the status or income of the candidate himself or his/her spouse shall not be taken into account and the clarification reveals that it is only the parents income which has to be taken into consideration''. 4. There is no dispute with regard to aforesaid position of law. That is, as on this date, for the purpose of issuance of the income certificate, income of the parents alone has to be taken into consideration not of the husband. 5. Learned counsel for the petitioner submits that issue pertaining to the said position of law is being considered before the Division Bench of this Court in W.A.No.15837/2026. He further submits that if a liberty is reserved to the petitioner to revive the petition, if in the event of said legal position is altered or changed, the purpose of the petition would be served. - 4 - HC-KAR CNR: KAHC010240522022 NC: 2026:KHC:42837 WP No. 10986 of 2022 6. Submission is placed on record. 7. In view of the above, petition is disposed of. Reserving liberty as sought for subject to all just exception. Sd/- (M.G.S. KAMAL) JUDGE RL List No.: 1 Sl No.: 14