Kupwara: An important order passed by the Deputy Commissioner Kupwara on November 4, 2022 continues to guide RBA certificate cases across the district.
The case involved rejection of an RBA certificate by the Tehsildar Villgam on September 24, 2022. The application was denied on the grounds that the family income exceeded Rs 8 lakh and that required schooling documents were not produced.
The applicant filed an appeal before the Deputy Commissioner. After examining the record, the Deputy Commissioner observed that the income of the applicant’s brother had been added while calculating total family income.
Referring to Rule 22 of the J&K Reservation Rules, 2005 and a High Court judgment, the Deputy Commissioner held that only the income of parents or guardian can be considered. Income of a brother cannot be included for determining eligibility under RBA category.
The order stated that the earlier rejection was passed without proper application of rules. The Deputy Commissioner set aside the rejection order and directed the Tehsildar Villgam to reconsider the case within seven days strictly as per law.
Though the order was issued in 2022, it remains significant for students and job aspirants applying under RBA category. The decision clarifies that authorities must follow the Reservation Rules correctly while assessing income criteria.
Click Here Download DC Kupwara order dated 04-11-2022
