1. Candidates challenged the denial of EWS reservation in competitive examinations due to failure to possess or submit valid income and asset certificates by the prescribed cut-off date. (Para 1 , 2 , 13 , 14 , 16 , 18 , 64 , 65 , 66 , 68 , 69 , 70 , 71 , 72 , 73 )
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2023 Supreme(SC) 1053
SUPREME COURT OF INDIA
J.K. Maheshwari, K.V. Viswanathan, JJ.
Divya - Petitioner
Versus
Union of India & Ors. - Respondents
Writ Petition (C) No. 724 of 2023, Writ Petition (C) No. 705 of 2023, Writ Petition (C) No. 764 of 2023
Decided On : 09-10-2023
Important Points
Eligibility for Economically Weaker Section candidates in Civil Services Examination hinges on compliance with specific documentation requirements, requiring possession of requisite certificates by a stipulated deadline.
Subject
Administrative Law - Public Employment
Act Referred
Administrative Service Appointment by Competitive Examination Regulations: R.2(c)
ADMINISTRATIVE SERVICE RECRUITMENT RULES: R.7
ALL INDIA SERVICES ACT: S.3
CIVIL SERVICES EXAMINATION RULES: R.13, R.27, R.27(3), R.28
CONSTITUTION OF INDIA: Art.14, Art.142, Art.15, Art.16, Art.73
ADMINISTRATIVE SERVICE RECRUITMENT RULES: R.7
ALL INDIA SERVICES ACT: S.3
CIVIL SERVICES EXAMINATION RULES: R.13, R.27, R.27(3), R.28
CONSTITUTION OF INDIA: Art.14, Art.142, Art.15, Art.16, Art.73
Headnote
(A) Office Memoranda dated 19.01.2019 and 31.01.2019 concerning the Economically Weaker Section (EWS) Category - Civil Services Examination Rules, 2022 - Rules 13, 27, and 28 - Denial of EWS reservation benefits based on failure to possess requisite Income and Asset Certificate (I&AC) before cut-off date, 22.02.2022 - The UPSC erred in categorizing candidates under EWS when they did not meet eligibility, as prima facie established by their submission deadlines. (Paras 39, 40, 41, 86(ii).)
(B) Eligibility Criteria - Candidates must possess valid I&AC for specified financial year prior to the application and ensure all requisite documents are in order before the cut-off date. (Paras 39, 40, 41, 86(i).)
(C) Invocation of Article 142 - The court declined to exercise its powers under Article 142, affirming that UPSC acted within its mandate as prescribed by applicable laws and standards without unjustifiably relaxing criteria. (Paras 85, 86).
Facts of the case:
The petitioners were denied benefits under the EWS category in Civil Services Examination 2022 by the UPSC due to inadequate documentation of eligibility concerning financial year certificates. Each asserted their eligibility and contest the denials as unjust.
Findings of Court:
The court maintained that the UPSC was justified in rejecting the petitions based on non-compliance with explicit eligibility requirements and procedural norms governing the examination.
Issues: Whether the UPSC correctly denied EWS category reservation to candidates based on failure to meet explicit eligibility documentation requirements, and if the CSE-2022 rules possess adequate legal standing to be enforceable.
Ratio Decidendi: The court held that the requirements set forth by the UPSC, including the need for relevant documentation by a specified deadline, are integral to establish and maintain the integrity of the selection process; candidates cannot demand consideration based on late or incomplete documentation.
Result: All writ petitions dismissed.
(B) Eligibility Criteria - Candidates must possess valid I&AC for specified financial year prior to the application and ensure all requisite documents are in order before the cut-off date. (Paras 39, 40, 41, 86(i).)
(C) Invocation of Article 142 - The court declined to exercise its powers under Article 142, affirming that UPSC acted within its mandate as prescribed by applicable laws and standards without unjustifiably relaxing criteria. (Paras 85, 86).
Facts of the case:
The petitioners were denied benefits under the EWS category in Civil Services Examination 2022 by the UPSC due to inadequate documentation of eligibility concerning financial year certificates. Each asserted their eligibility and contest the denials as unjust.
Findings of Court:
The court maintained that the UPSC was justified in rejecting the petitions based on non-compliance with explicit eligibility requirements and procedural norms governing the examination.
Issues: Whether the UPSC correctly denied EWS category reservation to candidates based on failure to meet explicit eligibility documentation requirements, and if the CSE-2022 rules possess adequate legal standing to be enforceable.
Ratio Decidendi: The court held that the requirements set forth by the UPSC, including the need for relevant documentation by a specified deadline, are integral to establish and maintain the integrity of the selection process; candidates cannot demand consideration based on late or incomplete documentation.
Result: All writ petitions dismissed.
Legal Category Hierarchy
Advocates appeared:
For the Petitioner(s): Ms. Preetika Dwivedi, AOR Mr. Abhisek Mohanty, Adv. Mr. K. Parameshwar, Adv. Ms. Tanya Shree, AOR Mr. Ritu Raj, Adv. Ms. Kanti, Adv. Ms. Arti Gupta, Adv.
For the Respondent(s): Mrs. Aishwarya Bhati, A.S.G. Mr. Digvijay Dam, Adv. Mr. Ishaan Sharma, Adv. Mrs. Chitrangda Rastaravara, Adv. Ms. B. L. N. Shivani, Adv. Mr. Suyash Pande, Adv. Mr. Arvind Kumar Sharma, AOR Mr. Naresh Kaushik, Adv. Mr. Vardhman Kaushik, AOR Mr. Manoj Joshi, Adv. Ms. Shikha John, Adv. Mr. Shubham Dwivedi, Adv. Mr. Anand Singh, Adv. Mr. Ajay Kanojiya, Adv.
For the Petitioner(s): Ms. Preetika Dwivedi, AOR Mr. Abhisek Mohanty, Adv. Mr. K. Parameshwar, Adv. Ms. Tanya Shree, AOR Mr. Ritu Raj, Adv. Ms. Kanti, Adv. Ms. Arti Gupta, Adv.
For the Respondent(s): Mrs. Aishwarya Bhati, A.S.G. Mr. Digvijay Dam, Adv. Mr. Ishaan Sharma, Adv. Mrs. Chitrangda Rastaravara, Adv. Ms. B. L. N. Shivani, Adv. Mr. Suyash Pande, Adv. Mr. Arvind Kumar Sharma, AOR Mr. Naresh Kaushik, Adv. Mr. Vardhman Kaushik, AOR Mr. Manoj Joshi, Adv. Ms. Shikha John, Adv. Mr. Shubham Dwivedi, Adv. Mr. Anand Singh, Adv. Mr. Ajay Kanojiya, Adv.
Table of Contents
2. Petitioners contended that certificates are mere proof of status and delayed submission should be condoned; UPSC argued that strict adherence to cut-off dates is mandatory to prevent discrimination. (Para 32 , 33 , 34 , 35 , 36 , 37 , 77 , 79 )
3. The court found that EWS eligibility is not a pre-existing status but crystallizes only upon issuance of the certificate; material defects in certificates cannot be rectified post-deadline. (Para 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46 , 51 , 52 , 54 , 55 , 56 , 57 , 58 , 59 , 60 , 74 , 75 , 76 , 78 , 80 , 81 )
4. Eligibility for EWS reservation requires possession of a valid Income and Asset Certificate in the prescribed format by the closing date of the application. (Para 41 , 45 , 86 )
5. The writ petitions were dismissed, upholding the decision to deny EWS reservation to candidates who failed to meet the certification deadlines. (Para 87 )
6. What is the eligibility criterion for claiming EWS reservation in the Civil Services Examination 2022?
A candidate must meet the Central Government's criteria and possess a valid Income and Asset Certificate based on the income for the financial year 2020-2021 by the application closing date. (Para 39 , 41 , 86 )
7. Is the Income and Asset Certificate merely proof of EWS status or a requirement for eligibility?
The certificate is not mere proof of a pre-existing status; rather, eligibility for the EWS category crystallizes only when the certificate is issued and possessed by the candidate before the cut-off date. (Para 41 , 44 , 45 )
8. Are the Civil Services Examination Rules 2022 legally enforceable?
Yes, they are enforceable as they are traceable to the All India Services Act 1951, the IAS Recruitment Rules 1954, the IAS Regulations 1955, and the executive power of the Union under Article 73. (Para 48 , 49 , 50 , 86 )
9. Can material defects in an EWS certificate, such as the wrong financial year, be rectified after the deadline?
No, material defects that go to the root of eligibility, such as an incorrect financial year, cannot be condoned or rectified via fresh certificates after the deadline, unlike trivial clerical errors. (Para 58 , 78 , 80 , 81 )
10. Is prescribing the application closing date as the cut-off for possessing eligibility certificates constitutionally valid?
Yes, using the last date of application as the cut-off is a judicially recognized default and does not violate Article 14, as it ensures a fair and uniform process for all applicants. (Para 61 , 86 )
JUDGMENT :
K.V. Viswanathan, J.
1. These writ petitions raise questions involving the interpretation of the Office Memoranda [OM] dated 19.01.2019 and 31.01.2019 prescribing the eligibility for the Economically Weaker Section [EWS] Category. Additionally, they also involve the interpretation of the CIVIL SERVICES EXAMINATION RULES , 2022 [CSE-2022 Rules], particularly, Rules 13, 27 and 28 thereof. The petitioners, for diverse reasons, were denied the benefit of the EWS category by the Union Public Service Commission [UPSC] for the Civil Services Examination of the year 2022. Was the UPSC justified in denying them the benefit of reservation under the EWS category, is the main question involved. The three Writ Petitions involve different sets of facts. The factual parts are dealt with separately. The legal submissions broadly overlap. Whereever they need to be separately discussed, the same has been done at the appropriate place.
Writ Petition (C) No. 724 of 2023:
2. The petitioner – Ms. Divya was a candidate for the Civil Services Examination, 2022 (CSE-2022). She had already qualified for the Indian Police Service in the Civil Services Examination, 2021 and was allotted the Manipur Cadre. Wanting to fulfil her ambition of joining the Indian Administrative Service (IAS), she applied for the CSE-2022. The category in which she wanted to be considered was in the Economically Weaker Section (EWS) category.
3. The CSE-2022 is governed by the CIVIL SERVICES EXAMINATION RULES , 2022. These Rules were promulgated on 02.02.2022. These Rules are crucial for the adjudication of the case as the outcome of the case turns on the interpretation of these Rules, particularly, Rules 13, 27 & 28 thereof.
Office Memoranda Dated 19.01.2019 & 31.01.2019:
4. By an Office Memorandum of 19.01.2019, the Government of India, Ministry of Personnel, Public Grievances and Pensions, Department of Personnel and Training (DoPT) prescribed the criterion to be eligible to apply under the EWS category. The prescription was that firstly, a) the persons should not be covered under the existing scheme of reservations for the SC/ST and the Socially and Economically Backward Classes and b) their family gross annual income must be below Rs.8 lakhs.
Secondly, the income was to include income from all sources i.e. salary, agriculture, business, profession etc. and it will be income for the Financial Year [FY] prior to the year of application.
Thirdly, the persons whose family owns or possesses any of the following assets are to be excluded from the category of EWS, irrespective of the family income:
i) 5 acres of Agricultural Land and above;
ii) Residential flat of 1000 sq. ft. and above;
iii) Residential plot of 100 sq. yards and above in the notified municipalities;
iv) Residential plot of 200 sq. yards and above in areas other than the notified municipalities.
Fourthly, the income and assets of the families as mentioned above was to be certified by an Officer not below the rank of a Tehsildar in the States/Union Territories (UTs). The Officer was to issue the certificate after carefully verifying all relevant documents following due process as prescribed by the respective States/UTs.
5. This was followed up by another Office Memorandum [OM] dated 31.01.2019 issued by the Department of Personnel & Training, Government of India. Under this OM, issued in continuation to the OM of 19.01.2019, in Clause 5 it is provided as under:
5. INCOME AND ASSET CERTIFICATE ISSUING AUTHORITY AND VERIFICATION OF CERTIFICATE:
“5.1 The benefit of reservation under EWS can be availed upon production of an Income and Asset Certificate issued by a Competent Authority. The Income and Asset Certificate issued by any one of the following authorities in the prescribed format as given in Annexure-I shall only be accepted as proof of candidate's claim as belonging to EWS:-
(i) District Magistrate/Additional District Magistrate/ Collector/Deputy Commissioner/Additional Deputy Commissioner/ 1st Class Stipend
