Eligibility for Economically Weaker Section certificate requires strict adherence to documentation and income criteria as per established guidelines.

ORDER :

1. The present petition has been filed by the petitioner seeking that the respondents be directed to issue certificate of Economically Weaker Section (EWS) to the petitioner.

2. The petitioner is an advocate enrolled with Bar Council of Delhi, vide enrolment no.D-6511/2018. It is submitted that the petitioner qualifies for grant of EWS certificate for which an application was submitted by the petitioner on 12.06.2023. A deficiency memo dated 23.06.2023 was raised thereon by the office of the Sub-Divisional Magistrate, Preet Vihar, stating as under:

“GOVERNMENT OF NCT OF DELHI 

OFFICE OF THE SUB-DIVISIONAL MAGISTRATE (PREET VIHARJ

LM BUNDH, SHASTRI NAGAR, DELID-110031

No. SDM/PV/EWS/2023-24/316 

Dated: 23/06/2023

To,

Mr. Deepak Jain S/o Sh. Nikhlesh Jain

R/o 410, Gali No.02, Ganesh Nagar-2,

Shakarpur Bararnad, Delhi-110092.

DEFICIENCY MEMO

On scrutiny of your application for issuance of Income & Asset Certificate for EWS, following deficiencies. have been noticed:-

You are advised to rectify the case in writing within 3 days so that necessary action could be taken. In case you fail to provide the information/documents within time, your application will not process further and shall be rejected.

(RAJENDAR KUMAR)

SUB DIVISIONAL MAGISTRATE

PREET VIHAR

3. To this, a reply was sent by the petitioner stating as under:

“To

The SDM

Preet Vihar

LMN, Shastri Nagar

Office of the District Magistrate (east)

R&I Branch

DAK RECEIVED

Date 22/8/23 sign..........................

Block, LM Bandh, Shastri Nagar.

Sub: Reply to the Deficiency Memo dated 18.08.2023

Sir,

1. I had filed an Application for EWS certificate in Preet Vihar Division.

2. That vide deficiency memo dated 18/08/2023 was asked to produce my bank statement I ITR of 3 years.

3. That my bank account is less than 03 years old hence I am not able to produce my bank statement. I have also not filed my ITR as of today hence I am not able to produce the same.

4. I have filed an Affidavit with respect to my reply and the deficiency memo.”

Kindly consider my application as the reason stated are bonafide.

Sd/-

Deepak Jain (Advocate)

99685107799.”

4. Learned counsel for the respondent draws attention to the fact that for being eligible for grant of EWS certificate, there are certain mandatory requirements that are required to be followed by the applicant. In the affidavit filed on behalf of the respondents, it has been averred as under:

“1. That the revenue· department vide office memorandum no. F87(118)/CCS/HQ/EWS/Rev/2019/4517 dated 04/06/2019, in reference of the OM No-3038/1/2019-Estt (Resi) dated 31/01/2019 of Assets Certificate to Economically weaker section (EWS) as under:-

A. The income and asset certificate shall be issued to the persons belonging to EWSs who are not covered under any of the existing schemes of reservation for SCs /STs/OBCs (State/ UTs & Central list)

B. Persons who are not covered under the scheme of reservation for SCs, STs and OBCs and whose family has gross annual income below Rs.8.00 (Rupees Eight Lakh Only) are to be identified as EWSs for benefit of reservation. Income shall also include income from all source i.e. salary, agriculture, business, profession, etc. for the financial year prior to the year application.

C. Also person whose family owns or possesses any of the following assets shall be excluded from begin identified as EWSs, 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 notified municipalities. iv) Residential plot of 200 sq. yards and above in areas other than the notified municipalities.

D. The property held by a "family" in different location or different places/ cities would be clubbed while applying the land or property holding test to det