The Court, therefore, quashed an order of the State Administrative Tribunal that had directed the Karnataka High School Examination Board to consider a application for a teacher’s post, despite her not having submitted a valid creamy-layer certificate within the prescribed time limit.
A Division Bench of Justice SG Pandit and Justice Anant Ramanath Hegde noted that it is settled law that the eligibility in all respects in a recruitment process shall have to be determined as on the last date for submitting applications.
On the fact that the petitioner initially submitted an income certificate dated seven years ago, the Court noted that there was a purpose behind prescribing the validity period of income certificates as five years.
“The income may increase or decrease, depending on his avocation/ profession or employment. Government servants/ employees or salaried class would have a steady increase in their income from year to year. For professionals, businessmen and such persons in other avocation income may increase or decrease,” the Court said.
Explaining how this is different from caste certificates that are valid until cancellations, the Bench stated:
“Caste Certificate and Income Certificate issued under 1990 Act are two different and distinct certificates. Both certificates cannot be treated alike. In respect of caste certificate, for example, if a person is Scheduled Caste or Scheduled Tribe, he is so by birth and not by any subsequent event or development. A caste certificate issued by the competent authority is only an affirmation of fact which is in existence, i.e., caste status. But in so far as Income certificate issued by the competent authority is concerned, depends on the income of the parents of a candidate concerned existed as on the date of issuing such certificate.”
Source: Barandbench
