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IN THE HIGH COURT OF DELHI AT NEW DELHI
Sachin Datta
Deepak Jain – Appellant
Versus
Govt of NCT of Delhi – Respondent
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:-
| S. No. | Descriptions |
| 1. | Education certificate has not been attached. |
| 2. | ITR with computation of last three (i.e. A.Y. 2021-22, 2022-23 and 2023-24) years have not been attached. |
| 3. | Attached documents have not been attested. |
You are advi
Eligibility for Economically Weaker Section certificate requires strict adherence to documentation and income criteria as per established guidelines.
The court mandates the issuance of EWS certificates within one month if the applicants are found entitled, emphasizing adherence to established guidelines.
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 rejection of an EWS certificate without affording a fair opportunity to present evidence violates principles of natural justice, warranting judicial intervention.
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.
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