YADAV VIVEK KUMAR PARASNATH vs UNION OF INDIA

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 30.03.2026 Judgment pronounced on: 21.04.2026 Judgment uploaded on: 21.04.2026 + W.P.(C) 8055/2023 YADAV VIVEK KUMAR PARASNATH .....Petitioner Through: Mr. Shashank Ratnoo, Mr. Vibhav Mishra, Mr. Shantanu Lakhotia, Mr. Divyaveer Singh and Mr. Brajesh Pandey, Advocates. versus UNION OF INDIA .....Respondent Through: Mr. Ripudaman Bhardwaj, CGSC. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE AMIT MAHAJAN JUDGMENT ANIL KSHETARPAL, J.: 1. Through the present Petition, the Petitioner prays for issuance of a writ in the nature of certiorari to quash the order dated 07.11.2022 [hereinafter referred to as the ‘Impugned Order’] passed by the learned Central Administrative Tribunal [hereinafter referred to as the ‘Tribunal’] in O.A. No. 3246/2022, whereby the Original Application preferred by the Petitioner came to be dismissed at the threshold, with the Tribunal upholding the decision of the Respondent to treat the Petitioner as falling within the ‘creamy layer’ and consequently denying him the benefit of reservation under the Other Backward Classes [‘OBC’] category for the purposes of service allocation Signature Not Verified Signed By:JAI NARAYAN Signing Date:21.04.2026 W.P.(C) 8055/2023 Page 1 of 20 15:28:10 pursuant to the Civil Services Examination, 2021. 2. The issue which arises for consideration in the present Petition is whether the Impugned Order suffers from any infirmity in law or on facts in upholding the action of the respondent in treating the Petitioner as falling within the ‘creamy layer’, on account of the income of his father exceeding the prescribed threshold under the applicable Office Memorandum dated 08.09.1993 read with subsequent clarifications, and thereby denying him