The Jammu and Kashmir and Ladakh High Court recently in a Petition challenging the cancellation of Social Caste Certificate (OSC) of the Petitioner by the Concerned Authority, while setting aside the aforesaid cancellation interpreted the provisions of the J&K Reservation Act, 2004, and the J&K Reservation Rules, 2005.The case as broadly set-up by the Official Respondents was that the Petitioner lived with his father as a single-family entity and that the cumulative annual income of the Petitioner, and his Father exceeded the ceiling limit for seeking benefits of belonging to socially and economically backward classes under the J&K Reservation Act, 2004, and as such he was not entitled to the issuance of the OSC Certificate.The Single Bench of Hon’ble Mr. Justice Wasim Sadiq Nargal analyzed the relevant provision of the Jammu and Kashmir Reservation Rules, 2005, that is, Rule 22 which lays down the criteria for determining the annual income of the claimant under the Act of 2004, and held that two conditions need to be satisfied for invoking the said rule, first that the petitioner should be living with his parents and, second that he should be dependent upon his parents, and it is only when both the conditions are fulfilled that the income of his parents can be taken into account and not otherwise. The Court further observed that once a son/daughter is employed or gainfully engaged, he/she ceases to be dependent on his/her parents and then for invoking the Reservation Act or Rules his/her individual annual income has to be considered only, and not that of his parents.