ORDER :

1. These writ petitions have been filed by the petitioners aggrieved against orders dated 2.6.2021 (in C.W.P. No.7656/2021), 18.6.2021 (in C.W.P. No.9003/2021), 6.7.2021 (in C.W.P. No.8998/2021), 6.7.2021 (in C.W.P. No.9038/2021) and 1.10.2021 (in C.W.P. No.14675/2021), whereby, the petitioners have been called upon to produce EWS certificate for the year 2018-19 and it has been indicated that on failure to produce the certificate within 7 days, their appointments in Constable Recruitment – 2019, shall be cancelled and order dated 29.9.2021 (in C.W.P. No.14593/2021), wherein, the selection of the petitioner in Constable Recruitment – 2019 has been cancelled on account of non-production of EWS certificate for the year 2018-19 and seeking a direction to consider the EWS certificate submitted by the petitioners for the purpose of reservation in General (EWS) category and declare them eligible for the post of Constable General pursuant to the advertisement dated 4.12.2019.

2. It is inter alia indicated in the writ petitions that petitioners applied pursuant to the advertisement dated 4.12.2019 (Annex.2) for the post of Constable – General in Economically Weaker Section (‘EWS’) category. The petitioners passed the requisite written test and also cleared the PST/PET conducted by the respondents. The respondents thereafter issued a select list, wherein, the names of the petitioners appeared and they were called for document verification.

3. In the Press Note issued in this regard, it was indicated that EWS certificate issued based on gross annual income for the year 2018-19, be produced. The petitioners appeared for document verification and it appears that the petitioners produced EWS certificates valid for the year 2020-21 and 2021-22, which were issued based on gross annual income for the financial year 201920 and 2020-21, respectively. The petitioners were called upon to produce the requisite certificates by the impugned orders, calling upon them to produce certificate based on the gross annual income for the financial year 2018-19. The petitioners were required to produce the certificate within a period of 7 days, failing which, it was indicated that their selection shall be cancelled.

4. In the case of Malam Singh (in C.W.P. No.14593/2021), the petitioner was accorded selection against the posts remaining vacant for various reasons i.e. non-joining, not reporting for document verification and those found ineligible and Press Note dated 19.8.2021 was issued inter alia calling upon the candidates to produce EWS certificate based on income of financial year 2018-19, valid for year 2019-20.

5. The petitioner therein also produced the certificate valid for the year 2020-21 based on gross annual income for the financial year 2019-20. On account of non-production of requisite certificate, the selection of the petitioner was cancelled by the order impugned dated 29.9.2021.

6. Learned counsel for the petitioners made submissions that in the advertisement dated 4.12.2019, the respondents had only indicated that at the time of PST/PET, the candidates would be required to produce the original certificate and a self attested copy of various certificates including EWS certificate, in case, the candidates belong to EWS category in prescribed format. It was nowhere indicated that the EWS certificate required should be for the financial year 2018-19 and as the petitioners produced the requisite certificate at the time of PST/PET and they were permitted to undergo PST/PET based on the said certificates, the respondents cannot insist for EWS certificates based on the income of the financial year 2018-19.

7. Submissions have also been made that the respondents were seeking to insist for EWS certificate for financial year 2018-19 essentially on account of the Circular / Clarification issued by the Social Justice and Empowerment Department dated 30.6.2021 indicating the requirement of certificate based on the gross annual income for financial year