Service Law – OBC Non-Creamy Layer Certificate – Requirement of certificate based on the financial year ending 31-3-2024 – Validity period – Compliance – Directions issued.
Communication dated 25-9-2025 issued by the National Board of Examinations in Medical Sciences (NBE) required the petitioner to submit a valid OBC Non-Creamy Layer Certificate based on the financial year ending 31-3-2024, issued between 1-4-2024 and 31-3-2025, failing which his candidature would stand cancelled. The certificates on record were dated 1-8-2023 and 6-9-2025.
Held, the certificates on record did not fulfill the specific condition regarding the financial year ending 31-3-2024. However, as the petitioner had already been admitted to the Post-Graduate course in Paediatrics and had undergone about eight months of study, the petitioner was permitted to apply afresh to the competent authority (Respondent No.7) for determination and issuance of the required certificate. Such authority directed to issue the certificate within one month, and the same to be submitted to the NBE.
Further held, till issuance of such certificate in proper format, the candidature of the petitioner shall not be cancelled. The NBE may thereafter take appropriate decision based on the certificate so issued.
— Writ Petition disposed of. No order as to costs.
(2025:APHC:42456)
APHC010532262025 IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
WRIT PETITION NO: 27525 of 2025
Bench Sr.No:-6
[3446]
Galiveeti Gnaneswara ...Petitioner
Vs.
Union of India and others ...Respondents
**********
Advocate for Petitioner: Mr. T. Lakshminarayana representing
Mr. Neelam Sankara Rao
Advocate(s) for Respondent(s): Mr. Y V Anil Kumar (Central
Government Counsel) for R.1 & R.2
GP for Revenue for R.7
x
CORAM : THE CHIEF JUSTICE DHIRAJ SINGH THAKUR
SRI JUSTICE R RAGHUNANDAN RAO
DATE : 10th October, 2025
P C :
The petitioner challenges the communication, dated 25.09.2025, issued
by the National Board of Examinations in Medical Sciences [‘NBE’ for short]
which requires the petitioner to submit a valid OBC Non Creamy Layer
certificate based on the financial year ending March 31st, 2024 and further that
it should have been issued between 01.04.2024 to 31.03.2025. The certificate
was required to be submitted latest by 06.10.2025 failing which the petitioner
stands informed that his candidature shall be cancelled.
2025:APHC:42456
2
HCJ & RRR, J
WP_27525_2025
2. From the material on record, it can be seen that the competent
authority concerned with issuing the certificates have issued one certificate,
dated 01.08.2023, and another, dated 06.09.2025, certifying that the petitioner
did not belong to the creamy layer.
3. While the requirement of the NBE may be specifically pertaining
to determining whether the petitioner belong to the creamy layer in the
financial year ending March 31st March, 2024, the certificates on record
certainly do not fulfill that particular condition.
4. However, we are informed that the petitioner has since been
admitted in Post Graduate course in Paediatrics and has undergone almost
eight months of study in the said course. With a view to prevent any prejudice
from being caused to the petitioner, we deem it proper that the petitioner be
permitted to submit the certificate by applying afresh to respondent No.7 to
consider and determine as to whether the petitioner belong to the non creamy
layer for the financial year ending March 31st, 2024.
In case it is found that the petitioner did belong to the non creamy layer,
then an appropriate certificate in the format desired by the NBE may be issued
within one month from today which shall then be submitted to the NBE in
response to the communication, dated 25.09.2025.
5. Till such time as the certificate is issued in the proper format as
directed by us either certifying that the petitioner belongs to the creamy layer
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HCJ & RRR, J
WP_27525_2025
or the non creamy layer, the candidature of the petitioner shall not be
cancelled.
Depending upon the certificate so issued, the NBE shall be entitled to
take an appropriate decision.
In case the decision goes against the interests of the petitioner, it would
be open to the petitioner to work out his remedies in accordance with law.
6. The Writ Petition is, accordingly, disposed of. No order as to
costs.
Miscellaneous applications pending, if any, shall stand closed.
DHIRAJ SINGH THAKUR, CJ
R RAGHUNANDAN RAO, J
Note: Issue CC today
(B/o)
Vjl
2025:APHC:42456
