The petitioner belongs to O.B.C. The petitioner married a Roman Catholic. The petitioner approached the Tahsildar for Non Creamy Layer Certificate. This was not considered. Accordingly, the petitioner approached this Court.
2. According to the petitioner, on account of his marriage with a Roman Catholic, the Tahsildar refused to issue Non Creamy Layer Certificate to him. If the petitioner is otherwise entitled for Non Creamy Layer Certificate, on account of marriage to Roman Catholic, the same cannot be deprived to him. The marriage with a Roman Catholic will not deprive the benefit of reservation. Merely because of marriage, he cannot be treated as a member of forward class. This is the view taken by a Full Bench of this Court in W.P.(C) No. 33049/2014 -2-
Valsamma Paul v. Rani George - 1995(1) KLT 336.
3. Therefore, if the petitioner is otherwise eligible for Non Creamy Layer Certificate, merely because of his marriage with a Roman Catholic, he cannot be deprived of the Certificate. Needful shall be done within a period of one week from the date of receipt of the copy of this judgment.
In view of the above, the Public Service Commission is directed to give three weeks time to the petitioner to produce the Non Creamy Layer Certificate.
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A. MUHAMED MUSTAQUE, JUDGE jjj