The Kerala High Court dismissed a request for 'non-creamy layer' certification, stating that the petitioner did not meet the criteria as it is specifically intended for individuals involved in their traditional family occupations.

During a hearing, Justice Devan Ramachandran, a single judge bench, discussed a case where the petitioner had been refused a non-creamy layer certificate by the Tahsildar and Sub-Collector.

Highlighting that the petitioner's father held a position as a Class II Government Officer and was not involved in the traditional occupation of their ancestors, the court emphasized that the petitioner did not meet the criteria for non-creamy layer classification.

The petitioner's request for the certificate was declined following a genealogical investigation that revealed that the petitioner belonged to the 'Hindu Naickan' community rather than the 'Tuluva Naickan' community. The latter community is recognized in the OBC list of Kerala.

The petitioner argued that the categorization was irrelevant since her father was involved in the traditional occupation of masonry, which was also the ancestral occupation, thereby making her eligible for classification under the 'non-creamy layer' as per the exclusion rules. However, the bench dismissed the plea, stating that the rules of exclusion would solely apply to individuals working as artisans or involved in hereditary occupations.

The court also considered the petitioner's assertions and concluded that the father's caste categorization as 'Tuluva Naickan' is an error, with the correct category being 'Hindu Naickan' and therefore, held that only such a certificate would be eligible for her.

Counsel for Petitioners: Advocates R Reji Kumar and PR Jayakrishnan

Case Title: Chandini CK v. The State of Kerala and ors.

Case Number: WP (C) No. 2126 of 2023