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Direction: Read the following passage carefully and answer the questions that follow.
The Constitution does not define Other Backward Classes. However, in pursuance of the judgment of the Supreme Court in Indira Sawhney’s case, the Government enacted the National Commission for Backward Classes (NCBC) Act in April 1993 according to its state policy. As per Section 2 of the NCBC Act, “Backward classes” means such backward classes of citizens, other than the Scheduled Castes and Scheduled Tribes, as may be specified by the Central Government in the lists. If a total family income is less than 8 lakh per annum, the family is considered to fall in non-creamy OBC category. Such families are entitled to a certificate of OBC non-creamy layer. Any person belonging to the non-creamy OBC category will be enjoying all the benefits and will be getting the relaxation of age in competitive exams as well. If anyone falls under the non-creamy OBC category, they will be getting reservations while applying for government jobs or government posts. However, to avail all these benefits, they will have to obtain a certificate that is called an OBC certificate. The certificate is valid in every state of India except for Tamil Nadu. States issue their own certificates for state level jobs whereas U.O.I issues its own certificates for central level jobs.  The validity of the certificate is for one year, and it starts from the very day of receiving it.
Q. Authorities in one state prohibited giving OBC certificates to people whose family income exceeded 8 lakh rupees. In the High Court, this judgement was contested by a group of people who claimed it breached their NCBC Act rights. What legal standards should the High Court take into account when determining whether it is legal to refuse OBC certificates to people whose household income is less than 8 lakh rupees?
  • a)
    The High Court needs to decide whether the NCBC Act's equity and nondiscrimination provisions are violated by denying OBC certificates to people whose household income exceeds 8 lakh rupees.
  • b)
    If the High Court determines that the refusal of OBC certificates does not violate the state's administrative norms and procedures, it should refrain from reviewing the petition any further.
  • c)
    When determining whether the rejection of OBC certificates was legal, the High Court should pay particular attention to the social standing of persons and if they truly belong to lower social classes.
  • d)
    Since family income is not a relevant factor in determining whether to issue OBC certificates, the High Court shouldn't examine the legitimacy of the denial of such certificates.
Correct answer is option 'B'. Can you explain this answer?
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Direction: Read the following passage carefully and answer the questio...
According to the paragraph, the High Court shall evaluate whether denying OBC certificates to those with families earning less than 8 lakh rupees per year breaches the separation of powers concept and directly impedes government policy.
The right response is B.
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Direction: Read the following passage carefully and answer the questions that follow.The Constitution does not define Other Backward Classes. However, in pursuance of the judgment of the Supreme Court in Indira Sawhney’s case, the Government enacted the National Commission for Backward Classes (NCBC) Act in April 1993 according to its state policy. As per Section 2 of the NCBC Act, “Backward classes” means such backward classes of citizens, other than the Scheduled Castes and Scheduled Tribes, as may be specified by the Central Government in the lists. If a total family income is less than 8 lakh per annum, the family is considered to fall in non-creamy OBC category. Such families are entitled to a certificate of OBC non-creamy layer. Any person belonging to the non-creamy OBC category will be enjoying all the benefits and will be getting the relaxation of age in competitive exams as well. If anyone falls under the non-creamy OBC category, they will be getting reservations while applying for government jobs or government posts. However, to avail all these benefits, they will have to obtain a certificate that is called an OBC certificate. The certificate is valid in every state of India except for Tamil Nadu. States issue their own certificates for state level jobs whereas U.O.I issues its own certificates for central level jobs. The validity of the certificate is for one year, and it starts from the very day of receiving it.Q.Neha, a student from an urban area, comes from a family that earns 9 lakh rupees a year. She is arguing that her familys 0.5 acres of land qualifies them for reservations under the OBC category. Neha is an OBC; may she apply for reservations?

Direction: Read the following passage carefully and answer the questions that follow.The Constitution does not define Other Backward Classes. However, in pursuance of the judgment of the Supreme Court in Indira Sawhney’s case, the Government enacted the National Commission for Backward Classes (NCBC) Act in April 1993 according to its state policy. As per Section 2 of the NCBC Act, “Backward classes” means such backward classes of citizens, other than the Scheduled Castes and Scheduled Tribes, as may be specified by the Central Government in the lists. If a total family income is less than 8 lakh per annum, the family is considered to fall in non-creamy OBC category. Such families are entitled to a certificate of OBC non-creamy layer. Any person belonging to the non-creamy OBC category will be enjoying all the benefits and will be getting the relaxation of age in competitive exams as well. If anyone falls under the non-creamy OBC category, they will be getting reservations while applying for government jobs or government posts. However, to avail all these benefits, they will have to obtain a certificate that is called an OBC certificate. The certificate is valid in every state of India except for Tamil Nadu. States issue their own certificates for state level jobs whereas U.O.I issues its own certificates for central level jobs. The validity of the certificate is for one year, and it starts from the very day of receiving it.Q.A candidate from a remote area named Riya submitted an application for a government position in the Other Backward Classes (OBC) designation. She is in possession of a legitimate OBC non-creamy layer certificate from her states government. She must, however, produce an OBC certificate issued by the Central Government as part of the employment application procedure. Should the state-issued OBC non-creamy layer certificate that Riya submitted with her application for a government employment be accepted?

Direction: Read the following passage carefully and answer the questions that follow.The Constitution does not define Other Backward Classes. However, in pursuance of the judgment of the Supreme Court in Indira Sawhney’s case, the Government enacted the National Commission for Backward Classes (NCBC) Act in April 1993 according to its state policy. As per Section 2 of the NCBC Act, “Backward classes” means such backward classes of citizens, other than the Scheduled Castes and Scheduled Tribes, as may be specified by the Central Government in the lists. If a total family income is less than 8 lakh per annum, the family is considered to fall in non-creamy OBC category. Such families are entitled to a certificate of OBC non-creamy layer. Any person belonging to the non-creamy OBC category will be enjoying all the benefits and will be getting the relaxation of age in competitive exams as well. If anyone falls under the non-creamy OBC category, they will be getting reservations while applying for government jobs or government posts. However, to avail all these benefits, they will have to obtain a certificate that is called an OBC certificate. The certificate is valid in every state of India except for Tamil Nadu. States issue their own certificates for state level jobs whereas U.O.I issues its own certificates for central level jobs. The validity of the certificate is for one year, and it starts from the very day of receiving it.Q.Student Maya received a one-year certificate from OBC for non-creamy layers. When submitting applications for government positions, she plans to utilize it to claim reservations. She received the certificate in June 2023, even though the government had given it in April 2023. When does Mayas OBC non-creamy layer certificate become valid?

Direction: Read the following passage carefully and answer the questions that follow.The Constitution does not define Other Backward Classes. However, in pursuance of the judgment of the Supreme Court in Indira Sawhney’s case, the Government enacted the National Commission for Backward Classes (NCBC) Act in April 1993 according to its state policy. As per Section 2 of the NCBC Act, “Backward classes” means such backward classes of citizens, other than the Scheduled Castes and Scheduled Tribes, as may be specified by the Central Government in the lists. If a total family income is less than 8 lakh per annum, the family is considered to fall in non-creamy OBC category. Such families are entitled to a certificate of OBC non-creamy layer. Any person belonging to the non-creamy OBC category will be enjoying all the benefits and will be getting the relaxation of age in competitive exams as well. If anyone falls under the non-creamy OBC category, they will be getting reservations while applying for government jobs or government posts. However, to avail all these benefits, they will have to obtain a certificate that is called an OBC certificate. The certificate is valid in every state of India except for Tamil Nadu. States issue their own certificates for state level jobs whereas U.O.I issues its own certificates for central level jobs. The validity of the certificate is for one year, and it starts from the very day of receiving it.Q.According to the National Commission for Backward Classes (NCBC) Act, who has the authority to specify the "Backward classes" other than Scheduled Castes and Scheduled Tribes?

Passage - 5The Union government has called upon the Supreme Court to form a seven-judge Bench to reconsider the formulation in M. Nagaraj vs Union of India (2006) that it should be applied to the SC and ST communities. This verdict was a reality check to the concept of reservation. Even while upholding Constitution amendments meant to preserve reservation in promotions as well as consequential seniority; it contained an exposition of the equality principle that hedged reservation against a set of constitutional requirements, without which the structure of equal opportunity would collapse. These were quantifiable data to show the backwardness of a community, the inadequacy of its representation in service, and the lack of adverse impact on "the overall efficiency of administration". In Jarnail Singh (2018), another Constitution Bench reaffirmed the applicability of creamy layer norms to SC/STs. However, it ruled that Nagaraj was wrong to require a demonstration of backwardness for the Scheduled Castes and Tribes, as it was directly contrary to the nine-judge Bench judgment in Indra Sawhney (1992).It is curious that Jarnail Singh accepted the presumption of the backwardness of Scheduled Castes and Tribes, but favoured applying the means test to exclude from the purview of SC/ST reservation those who had achieved some level of economic advancement. While the Centre has accepted that the creamy layer norm is needed to ensure that only those genuinely backward get reservation benefits, it is justifiably upset that this principle has been extended to Dalits, who have been acknowledged to be the most backward among the backward sections. Another problem is the question whether the exclusion of the advanced sections among SC/ST candidates can be disallowed only for promotions. Most of them may not fall under the creamy layer category at the entry level, but after some years of service and promotions, they may reach an income level at which they fall under the creamy layer. This may result in the defeat of the object of the Constitution amendments that the court itself had upheld to protect reservation in promotions as well as consequential seniority. Another landmark verdict in the history of affirmative action jurisprudence may be needed to settle these questions.Q.Under Article 235 of the Constitution of India, the administrative control over the members of district and subordinate judiciary in the States vest with the concerned High Court. Further, the State Government, in consultation with the High Court, frames the Rules and Regulations regarding the issues of appointment, promotion, and reservations etc. of Judicial Officers in the State Judicial Service. Therefore, Central Government has no role in this regard. Based only on the principle of law and argument identified by the author above, would such a reservation be valid if made by the Central Government?

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Direction: Read the following passage carefully and answer the questions that follow.The Constitution does not define Other Backward Classes. However, in pursuance of the judgment of the Supreme Court in Indira Sawhney’s case, the Government enacted the National Commission for Backward Classes (NCBC) Act in April 1993 according to its state policy. As per Section 2 of the NCBC Act, “Backward classes” means such backward classes of citizens, other than the Scheduled Castes and Scheduled Tribes, as may be specified by the Central Government in the lists. If a total family income is less than 8 lakh per annum, the family is considered to fall in non-creamy OBC category. Such families are entitled to a certificate of OBC non-creamy layer. Any person belonging to the non-creamy OBC category will be enjoying all the benefits and will be getting the relaxation of age in competitive exams as well. If anyone falls under the non-creamy OBC category, they will be getting reservations while applying for government jobs or government posts. However, to avail all these benefits, they will have to obtain a certificate that is called an OBC certificate. The certificate is valid in every state of India except for Tamil Nadu. States issue their own certificates for state level jobs whereas U.O.I issues its own certificates for central level jobs. The validity of the certificate is for one year, and it starts from the very day of receiving it.Q.Authorities in one state prohibited giving OBC certificates to people whose family income exceeded 8 lakh rupees. In the High Court, this judgement was contested by a group of people who claimed it breached their NCBC Act rights. What legal standards should the High Court take into account when determining whether it is legal to refuse OBC certificates to people whose household income is less than 8 lakh rupees?a)The High Court needs to decide whether the NCBC Acts equity and nondiscrimination provisions are violated by denying OBC certificates to people whose household income exceeds 8 lakh rupees.b)If the High Court determines that the refusal of OBC certificates does not violate the states administrative norms and procedures, it should refrain from reviewing the petition any further.c)When determining whether the rejection of OBC certificates was legal, the High Court should pay particular attention to the social standing of persons and if they truly belong to lower social classes.d)Since family income is not a relevant factor in determining whether to issue OBC certificates, the High Court shouldnt examine the legitimacy of the denial of such certificates.Correct answer is option 'B'. Can you explain this answer?
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Direction: Read the following passage carefully and answer the questions that follow.The Constitution does not define Other Backward Classes. However, in pursuance of the judgment of the Supreme Court in Indira Sawhney’s case, the Government enacted the National Commission for Backward Classes (NCBC) Act in April 1993 according to its state policy. As per Section 2 of the NCBC Act, “Backward classes” means such backward classes of citizens, other than the Scheduled Castes and Scheduled Tribes, as may be specified by the Central Government in the lists. If a total family income is less than 8 lakh per annum, the family is considered to fall in non-creamy OBC category. Such families are entitled to a certificate of OBC non-creamy layer. Any person belonging to the non-creamy OBC category will be enjoying all the benefits and will be getting the relaxation of age in competitive exams as well. If anyone falls under the non-creamy OBC category, they will be getting reservations while applying for government jobs or government posts. However, to avail all these benefits, they will have to obtain a certificate that is called an OBC certificate. The certificate is valid in every state of India except for Tamil Nadu. States issue their own certificates for state level jobs whereas U.O.I issues its own certificates for central level jobs. The validity of the certificate is for one year, and it starts from the very day of receiving it.Q.Authorities in one state prohibited giving OBC certificates to people whose family income exceeded 8 lakh rupees. In the High Court, this judgement was contested by a group of people who claimed it breached their NCBC Act rights. What legal standards should the High Court take into account when determining whether it is legal to refuse OBC certificates to people whose household income is less than 8 lakh rupees?a)The High Court needs to decide whether the NCBC Acts equity and nondiscrimination provisions are violated by denying OBC certificates to people whose household income exceeds 8 lakh rupees.b)If the High Court determines that the refusal of OBC certificates does not violate the states administrative norms and procedures, it should refrain from reviewing the petition any further.c)When determining whether the rejection of OBC certificates was legal, the High Court should pay particular attention to the social standing of persons and if they truly belong to lower social classes.d)Since family income is not a relevant factor in determining whether to issue OBC certificates, the High Court shouldnt examine the legitimacy of the denial of such certificates.Correct answer is option 'B'. Can you explain this answer? for CLAT 2024 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Direction: Read the following passage carefully and answer the questions that follow.The Constitution does not define Other Backward Classes. However, in pursuance of the judgment of the Supreme Court in Indira Sawhney’s case, the Government enacted the National Commission for Backward Classes (NCBC) Act in April 1993 according to its state policy. As per Section 2 of the NCBC Act, “Backward classes” means such backward classes of citizens, other than the Scheduled Castes and Scheduled Tribes, as may be specified by the Central Government in the lists. If a total family income is less than 8 lakh per annum, the family is considered to fall in non-creamy OBC category. Such families are entitled to a certificate of OBC non-creamy layer. Any person belonging to the non-creamy OBC category will be enjoying all the benefits and will be getting the relaxation of age in competitive exams as well. If anyone falls under the non-creamy OBC category, they will be getting reservations while applying for government jobs or government posts. However, to avail all these benefits, they will have to obtain a certificate that is called an OBC certificate. The certificate is valid in every state of India except for Tamil Nadu. States issue their own certificates for state level jobs whereas U.O.I issues its own certificates for central level jobs. The validity of the certificate is for one year, and it starts from the very day of receiving it.Q.Authorities in one state prohibited giving OBC certificates to people whose family income exceeded 8 lakh rupees. In the High Court, this judgement was contested by a group of people who claimed it breached their NCBC Act rights. What legal standards should the High Court take into account when determining whether it is legal to refuse OBC certificates to people whose household income is less than 8 lakh rupees?a)The High Court needs to decide whether the NCBC Acts equity and nondiscrimination provisions are violated by denying OBC certificates to people whose household income exceeds 8 lakh rupees.b)If the High Court determines that the refusal of OBC certificates does not violate the states administrative norms and procedures, it should refrain from reviewing the petition any further.c)When determining whether the rejection of OBC certificates was legal, the High Court should pay particular attention to the social standing of persons and if they truly belong to lower social classes.d)Since family income is not a relevant factor in determining whether to issue OBC certificates, the High Court shouldnt examine the legitimacy of the denial of such certificates.Correct answer is option 'B'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Direction: Read the following passage carefully and answer the questions that follow.The Constitution does not define Other Backward Classes. However, in pursuance of the judgment of the Supreme Court in Indira Sawhney’s case, the Government enacted the National Commission for Backward Classes (NCBC) Act in April 1993 according to its state policy. As per Section 2 of the NCBC Act, “Backward classes” means such backward classes of citizens, other than the Scheduled Castes and Scheduled Tribes, as may be specified by the Central Government in the lists. If a total family income is less than 8 lakh per annum, the family is considered to fall in non-creamy OBC category. Such families are entitled to a certificate of OBC non-creamy layer. Any person belonging to the non-creamy OBC category will be enjoying all the benefits and will be getting the relaxation of age in competitive exams as well. If anyone falls under the non-creamy OBC category, they will be getting reservations while applying for government jobs or government posts. However, to avail all these benefits, they will have to obtain a certificate that is called an OBC certificate. The certificate is valid in every state of India except for Tamil Nadu. States issue their own certificates for state level jobs whereas U.O.I issues its own certificates for central level jobs. The validity of the certificate is for one year, and it starts from the very day of receiving it.Q.Authorities in one state prohibited giving OBC certificates to people whose family income exceeded 8 lakh rupees. In the High Court, this judgement was contested by a group of people who claimed it breached their NCBC Act rights. What legal standards should the High Court take into account when determining whether it is legal to refuse OBC certificates to people whose household income is less than 8 lakh rupees?a)The High Court needs to decide whether the NCBC Acts equity and nondiscrimination provisions are violated by denying OBC certificates to people whose household income exceeds 8 lakh rupees.b)If the High Court determines that the refusal of OBC certificates does not violate the states administrative norms and procedures, it should refrain from reviewing the petition any further.c)When determining whether the rejection of OBC certificates was legal, the High Court should pay particular attention to the social standing of persons and if they truly belong to lower social classes.d)Since family income is not a relevant factor in determining whether to issue OBC certificates, the High Court shouldnt examine the legitimacy of the denial of such certificates.Correct answer is option 'B'. Can you explain this answer?.
Solutions for Direction: Read the following passage carefully and answer the questions that follow.The Constitution does not define Other Backward Classes. However, in pursuance of the judgment of the Supreme Court in Indira Sawhney’s case, the Government enacted the National Commission for Backward Classes (NCBC) Act in April 1993 according to its state policy. As per Section 2 of the NCBC Act, “Backward classes” means such backward classes of citizens, other than the Scheduled Castes and Scheduled Tribes, as may be specified by the Central Government in the lists. If a total family income is less than 8 lakh per annum, the family is considered to fall in non-creamy OBC category. Such families are entitled to a certificate of OBC non-creamy layer. Any person belonging to the non-creamy OBC category will be enjoying all the benefits and will be getting the relaxation of age in competitive exams as well. If anyone falls under the non-creamy OBC category, they will be getting reservations while applying for government jobs or government posts. However, to avail all these benefits, they will have to obtain a certificate that is called an OBC certificate. The certificate is valid in every state of India except for Tamil Nadu. States issue their own certificates for state level jobs whereas U.O.I issues its own certificates for central level jobs. The validity of the certificate is for one year, and it starts from the very day of receiving it.Q.Authorities in one state prohibited giving OBC certificates to people whose family income exceeded 8 lakh rupees. In the High Court, this judgement was contested by a group of people who claimed it breached their NCBC Act rights. What legal standards should the High Court take into account when determining whether it is legal to refuse OBC certificates to people whose household income is less than 8 lakh rupees?a)The High Court needs to decide whether the NCBC Acts equity and nondiscrimination provisions are violated by denying OBC certificates to people whose household income exceeds 8 lakh rupees.b)If the High Court determines that the refusal of OBC certificates does not violate the states administrative norms and procedures, it should refrain from reviewing the petition any further.c)When determining whether the rejection of OBC certificates was legal, the High Court should pay particular attention to the social standing of persons and if they truly belong to lower social classes.d)Since family income is not a relevant factor in determining whether to issue OBC certificates, the High Court shouldnt examine the legitimacy of the denial of such certificates.Correct answer is option 'B'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.
Here you can find the meaning of Direction: Read the following passage carefully and answer the questions that follow.The Constitution does not define Other Backward Classes. However, in pursuance of the judgment of the Supreme Court in Indira Sawhney’s case, the Government enacted the National Commission for Backward Classes (NCBC) Act in April 1993 according to its state policy. As per Section 2 of the NCBC Act, “Backward classes” means such backward classes of citizens, other than the Scheduled Castes and Scheduled Tribes, as may be specified by the Central Government in the lists. If a total family income is less than 8 lakh per annum, the family is considered to fall in non-creamy OBC category. Such families are entitled to a certificate of OBC non-creamy layer. Any person belonging to the non-creamy OBC category will be enjoying all the benefits and will be getting the relaxation of age in competitive exams as well. If anyone falls under the non-creamy OBC category, they will be getting reservations while applying for government jobs or government posts. However, to avail all these benefits, they will have to obtain a certificate that is called an OBC certificate. The certificate is valid in every state of India except for Tamil Nadu. States issue their own certificates for state level jobs whereas U.O.I issues its own certificates for central level jobs. The validity of the certificate is for one year, and it starts from the very day of receiving it.Q.Authorities in one state prohibited giving OBC certificates to people whose family income exceeded 8 lakh rupees. In the High Court, this judgement was contested by a group of people who claimed it breached their NCBC Act rights. What legal standards should the High Court take into account when determining whether it is legal to refuse OBC certificates to people whose household income is less than 8 lakh rupees?a)The High Court needs to decide whether the NCBC Acts equity and nondiscrimination provisions are violated by denying OBC certificates to people whose household income exceeds 8 lakh rupees.b)If the High Court determines that the refusal of OBC certificates does not violate the states administrative norms and procedures, it should refrain from reviewing the petition any further.c)When determining whether the rejection of OBC certificates was legal, the High Court should pay particular attention to the social standing of persons and if they truly belong to lower social classes.d)Since family income is not a relevant factor in determining whether to issue OBC certificates, the High Court shouldnt examine the legitimacy of the denial of such certificates.Correct answer is option 'B'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Direction: Read the following passage carefully and answer the questions that follow.The Constitution does not define Other Backward Classes. However, in pursuance of the judgment of the Supreme Court in Indira Sawhney’s case, the Government enacted the National Commission for Backward Classes (NCBC) Act in April 1993 according to its state policy. As per Section 2 of the NCBC Act, “Backward classes” means such backward classes of citizens, other than the Scheduled Castes and Scheduled Tribes, as may be specified by the Central Government in the lists. If a total family income is less than 8 lakh per annum, the family is considered to fall in non-creamy OBC category. Such families are entitled to a certificate of OBC non-creamy layer. Any person belonging to the non-creamy OBC category will be enjoying all the benefits and will be getting the relaxation of age in competitive exams as well. If anyone falls under the non-creamy OBC category, they will be getting reservations while applying for government jobs or government posts. However, to avail all these benefits, they will have to obtain a certificate that is called an OBC certificate. The certificate is valid in every state of India except for Tamil Nadu. States issue their own certificates for state level jobs whereas U.O.I issues its own certificates for central level jobs. The validity of the certificate is for one year, and it starts from the very day of receiving it.Q.Authorities in one state prohibited giving OBC certificates to people whose family income exceeded 8 lakh rupees. In the High Court, this judgement was contested by a group of people who claimed it breached their NCBC Act rights. What legal standards should the High Court take into account when determining whether it is legal to refuse OBC certificates to people whose household income is less than 8 lakh rupees?a)The High Court needs to decide whether the NCBC Acts equity and nondiscrimination provisions are violated by denying OBC certificates to people whose household income exceeds 8 lakh rupees.b)If the High Court determines that the refusal of OBC certificates does not violate the states administrative norms and procedures, it should refrain from reviewing the petition any further.c)When determining whether the rejection of OBC certificates was legal, the High Court should pay particular attention to the social standing of persons and if they truly belong to lower social classes.d)Since family income is not a relevant factor in determining whether to issue OBC certificates, the High Court shouldnt examine the legitimacy of the denial of such certificates.Correct answer is option 'B'. Can you explain this answer?, a detailed solution for Direction: Read the following passage carefully and answer the questions that follow.The Constitution does not define Other Backward Classes. However, in pursuance of the judgment of the Supreme Court in Indira Sawhney’s case, the Government enacted the National Commission for Backward Classes (NCBC) Act in April 1993 according to its state policy. As per Section 2 of the NCBC Act, “Backward classes” means such backward classes of citizens, other than the Scheduled Castes and Scheduled Tribes, as may be specified by the Central Government in the lists. If a total family income is less than 8 lakh per annum, the family is considered to fall in non-creamy OBC category. Such families are entitled to a certificate of OBC non-creamy layer. Any person belonging to the non-creamy OBC category will be enjoying all the benefits and will be getting the relaxation of age in competitive exams as well. If anyone falls under the non-creamy OBC category, they will be getting reservations while applying for government jobs or government posts. However, to avail all these benefits, they will have to obtain a certificate that is called an OBC certificate. The certificate is valid in every state of India except for Tamil Nadu. States issue their own certificates for state level jobs whereas U.O.I issues its own certificates for central level jobs. The validity of the certificate is for one year, and it starts from the very day of receiving it.Q.Authorities in one state prohibited giving OBC certificates to people whose family income exceeded 8 lakh rupees. In the High Court, this judgement was contested by a group of people who claimed it breached their NCBC Act rights. What legal standards should the High Court take into account when determining whether it is legal to refuse OBC certificates to people whose household income is less than 8 lakh rupees?a)The High Court needs to decide whether the NCBC Acts equity and nondiscrimination provisions are violated by denying OBC certificates to people whose household income exceeds 8 lakh rupees.b)If the High Court determines that the refusal of OBC certificates does not violate the states administrative norms and procedures, it should refrain from reviewing the petition any further.c)When determining whether the rejection of OBC certificates was legal, the High Court should pay particular attention to the social standing of persons and if they truly belong to lower social classes.d)Since family income is not a relevant factor in determining whether to issue OBC certificates, the High Court shouldnt examine the legitimacy of the denial of such certificates.Correct answer is option 'B'. Can you explain this answer? has been provided alongside types of Direction: Read the following passage carefully and answer the questions that follow.The Constitution does not define Other Backward Classes. However, in pursuance of the judgment of the Supreme Court in Indira Sawhney’s case, the Government enacted the National Commission for Backward Classes (NCBC) Act in April 1993 according to its state policy. As per Section 2 of the NCBC Act, “Backward classes” means such backward classes of citizens, other than the Scheduled Castes and Scheduled Tribes, as may be specified by the Central Government in the lists. If a total family income is less than 8 lakh per annum, the family is considered to fall in non-creamy OBC category. Such families are entitled to a certificate of OBC non-creamy layer. Any person belonging to the non-creamy OBC category will be enjoying all the benefits and will be getting the relaxation of age in competitive exams as well. If anyone falls under the non-creamy OBC category, they will be getting reservations while applying for government jobs or government posts. However, to avail all these benefits, they will have to obtain a certificate that is called an OBC certificate. The certificate is valid in every state of India except for Tamil Nadu. States issue their own certificates for state level jobs whereas U.O.I issues its own certificates for central level jobs. The validity of the certificate is for one year, and it starts from the very day of receiving it.Q.Authorities in one state prohibited giving OBC certificates to people whose family income exceeded 8 lakh rupees. In the High Court, this judgement was contested by a group of people who claimed it breached their NCBC Act rights. What legal standards should the High Court take into account when determining whether it is legal to refuse OBC certificates to people whose household income is less than 8 lakh rupees?a)The High Court needs to decide whether the NCBC Acts equity and nondiscrimination provisions are violated by denying OBC certificates to people whose household income exceeds 8 lakh rupees.b)If the High Court determines that the refusal of OBC certificates does not violate the states administrative norms and procedures, it should refrain from reviewing the petition any further.c)When determining whether the rejection of OBC certificates was legal, the High Court should pay particular attention to the social standing of persons and if they truly belong to lower social classes.d)Since family income is not a relevant factor in determining whether to issue OBC certificates, the High Court shouldnt examine the legitimacy of the denial of such certificates.Correct answer is option 'B'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Direction: Read the following passage carefully and answer the questions that follow.The Constitution does not define Other Backward Classes. However, in pursuance of the judgment of the Supreme Court in Indira Sawhney’s case, the Government enacted the National Commission for Backward Classes (NCBC) Act in April 1993 according to its state policy. As per Section 2 of the NCBC Act, “Backward classes” means such backward classes of citizens, other than the Scheduled Castes and Scheduled Tribes, as may be specified by the Central Government in the lists. If a total family income is less than 8 lakh per annum, the family is considered to fall in non-creamy OBC category. Such families are entitled to a certificate of OBC non-creamy layer. Any person belonging to the non-creamy OBC category will be enjoying all the benefits and will be getting the relaxation of age in competitive exams as well. If anyone falls under the non-creamy OBC category, they will be getting reservations while applying for government jobs or government posts. However, to avail all these benefits, they will have to obtain a certificate that is called an OBC certificate. The certificate is valid in every state of India except for Tamil Nadu. States issue their own certificates for state level jobs whereas U.O.I issues its own certificates for central level jobs. The validity of the certificate is for one year, and it starts from the very day of receiving it.Q.Authorities in one state prohibited giving OBC certificates to people whose family income exceeded 8 lakh rupees. In the High Court, this judgement was contested by a group of people who claimed it breached their NCBC Act rights. What legal standards should the High Court take into account when determining whether it is legal to refuse OBC certificates to people whose household income is less than 8 lakh rupees?a)The High Court needs to decide whether the NCBC Acts equity and nondiscrimination provisions are violated by denying OBC certificates to people whose household income exceeds 8 lakh rupees.b)If the High Court determines that the refusal of OBC certificates does not violate the states administrative norms and procedures, it should refrain from reviewing the petition any further.c)When determining whether the rejection of OBC certificates was legal, the High Court should pay particular attention to the social standing of persons and if they truly belong to lower social classes.d)Since family income is not a relevant factor in determining whether to issue OBC certificates, the High Court shouldnt examine the legitimacy of the denial of such certificates.Correct answer is option 'B'. 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