Referred to Larger Bench XXXV: Dynamic Status

Posted on by Rudrajyoti Nath Ray

I express my inability to agree with Justice Ajay Rastogi. The status of a person whether he belongs to SC or ST category depends on caste which he belongs to by birth, and such status would remain unchanged and would be static. The status of a person whether he belongs to OBC-NCL/MBC-NCL/EWS would depend upon his/her social and economic status, and such status would keep on changing depending on his/her income and therefore would be dynamic. State Governments are issuing guidelines from time to time laying down eligibility criteria for deciding economic status of a person and methodology or procedure to be followed for issuing certificates to persons belonging to OBC-NCL/EWS categories.

So far as OBC-NCL category was concerned, Sakshi Arha produced her certificate after last date fixed for submission [31.08.2021] and also did not produce, in compliance, documents/affidavits in support. Therefore, certificate produced could not be said to be valid. 

– Hon’ble Justice Bela M. Trivedi, Sakshi Arha v. Rajasthan High Court, [Special Leave Petition (Civil) No. 16428 of 2022].

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