YADAV VIVEK KUMAR PARASNATH Vs. UNION OF INDIA

JUDGEMENT

(1.) Through the present Petition, the Petitioner prays for issuance of a writ in the nature of certiorari to quash the order dtd. 7/11/2022 [hereinafter referred to as the 'Impugned Order'] passed by the learned Central Administrative Tribunal [hereinafter referred to as the 'Tribunal'] in O.A. No. 3246/2022, whereby the Original Application preferred by the Petitioner came to be dismissed at the threshold, with the Tribunal upholding the decision of the Respondent to treat the Petitioner as falling within the 'creamy layer' and consequently denying him the benefit of reservation under the Other Backward Classes ['OBC'] category for the purposes of service allocation pursuant to the Civil Services Examination, 2021.

(2.) The issue which arises for consideration in the present Petition is whether the Impugned Order suffers from any infirmity in law or on facts in upholding the action of the respondent in treating the Petitioner as falling within the 'creamy layer', on account of the income of his father exceeding the prescribed threshold under the applicable Office Memorandum dtd. 8/9/1993 read with subsequent clarifications, and thereby denying him the benefit of reservation under the OBC (Non-Creamy Layer) category for the purposes of service allocation in the Civil Services Examination, 2021.

(3.) In order to appreciate the controversy involved in the present Petition, the relevant facts, in brief, are required to be noticed.