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INDIRA BANERJEE, C. T. RAVIKUMAR
Union Public Service Commission – Appellant
Versus
Gaurav Singh – Respondent
ORDER :
1. Leave granted.
2. This appeal is against a judgment and order dated 12th November 2020 passed by a Division Bench of the High Court of Delhi allowing the Writ Petition being W.P.(C) No.8938 of 2020 filed by the Respondents-Writ Petitioners. The said Writ Petition was filed seeking the following reliefs:
(b) Direct the Respondent authorities to allow the Petitioners to submit their corrected EWS certificates within a span of 6 weeks from the date of their interview.
(c) Issue or pass any writ, direction or order, which this Hon’ble Court may deem fit and proper under the facts and circumstances of the case.”
3. On 8th January 2019, the Constitution (124th) Amendment Bill was introduced in Parliament to provide for reservation for Economically Weaker Sections (EWS).
4. The Constitution (103rd) Amendment Act 2019 was enacted inserting Clause (6) in Article 15 and Clause (6) in Article 16 of the Constitution of India with effect from 14th January 2019.
5. Articles 15(6) and 16(6) inserted in t
The judgment establishes the importance of adhering to the specified financial year and the competence of the issuing authority for EWS eligibility, emphasizing that technical irregularities and negl....
The court held that EWS certificates must be valid for the relevant financial year and adhere to the prescribed format; any deviation renders them invalid for claiming reservation benefits.
The court upheld the requirement for candidates to submit an EWS Certificate for the relevant financial year, emphasizing adherence to eligibility criteria for reservation benefits.
Strict compliance with eligibility criteria and submission deadlines is critical for reservation categories; late submissions invalidate claims for benefits.
EWS certificates issued post-cutoff due to COVID delays valid if applicant otherwise eligible; rejection quashed.
Candidates must be afforded the opportunity to rectify their Income and Asset Certificates post-application if invited by the recruitment authority, ensuring procedural fairness in eligibility determ....
EWS certificate with clerical error in validity year but correct income data and issuer's clarification must be accepted over hyper-technical rejection; substance prevails where format complies and e....
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