Bhopal (Madhya Pradesh): The Gwalior High Court has remanded the matter concerning the issuance of an OBC certificate to a district judge’s daughter to the SDM, Isagarh, Ashoknagar district, or the competent authority for fresh consideration of the petitioner’s application amid the creamy layer controversy.
The HC has already set aside the orders of the Ashoknagar collector and SDM, Isagarh, which had denied the OBC certificate. The HC also observed that the dispute could not be resolved merely on the basis of salary; the father’s employment status, the date of his promotion and the source of income also needed to be examined.
The petitioner, Ragini Rathore, had sought an OBC certificate. Her father serves as a district judge in the judicial service; consequently, her case became entangled with ‘creamy layer’ regulations. Officials had rejected her application based on her father’s income.
Officials cited her father’s income as Rs 16,99,282 and rejected the application on that basis. She appealed against this decision, but the additional collector also did not accept her claim. Ragini challenged both orders in the High Court.
The HC has also instructed the competent authority to take into consideration the applicable government circulars and instructions, the service status and date of promotion of the petitioner’s father, the nature of his income and all other relevant materials placed on record, as also the law laid down by the Supreme Court as well as the High Court in the aforesaid judgments.
The competent authority shall afford due opportunity of hearing to the petitioner and shall pass a reasoned and speaking order, strictly in accordance with law, preferably within six weeks from the date of receipt of a certified copy of the order.
Designated senior advocate Aditya Sanghi, who appeared on behalf of the petitioner, said, “High Court also cited a Supreme Court judgment delivered in the case of Union of India vs. Rohit Nathan on March 11, 2026. In that ruling, the Supreme Court clarified crucial points regarding creamy layer regulations, establishing that decisions cannot be based solely on income.”
