JAWAHARLAL PRABHAKAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties. The petitioner had come to this Court making a complaint that the respondents be directed to decide the petitioner's application for grant of a OBC certificate after following the circular of the State Government, as contained in Annexure 4. It appears that during the pendency of this writ petition the application filed by the petitioner for issuance of the OBC certificate was rejected, therefore, the petitioner filed an application for amendment challenging the correctness of the order passed by the District Magistrate on 20-12-2001, as contained in Annexure A to the counter-affidavit. The petitioner submits that the order passed by the District Magistrate runs contrary to the circular issued by the State Government and as such the same deserves to be quashed.

(2.) The respondents in their counter have stated that the petitioner does not come within the purview of the OBC and is to be counted out or excluded from the reservation in accordance with the circular issued by the Central Government. It is also contended by the respondents that as the petitioner belongs to the creamy layer of the society he is not entitled to a certificate.

(3.) Learned counsel for the petitioner has placed his strong reliance on an order dated 20-12-2000 passed in C.W.J.C. No. 13111/2000 (Maheshwari Prasad Yadav v. State of Bihar and others) to contend that if the income of the petitioner or his father from two different sources is below Rs. 1,00,000/- than the same cannot be clubbed together and the salaried income of the petitioner's father has to be excluded from consideration. He also placed his reliance upon the circular of the State Government issued on 3-7-2001 to contend that if the salary is above Rs. 1,00,000/- but the income from other sources is less than Rs. 1,00,000/- then such a person is entitled to a certificate from the authority concerned.