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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
Mr. Justice Sudesh Bansal, J
POOJA KUMARI W/O SHRI KAMLESH GURJAR D/O SHRI KAILASH CHAND – Appellant
Versus
THE STATE OF RAJASTHAN – Respondent
CW / 577 / 2025
Order :
1. Amended cause title filed in S.B. Civil Writ Petition No. 586/2025 & S.B. Civil Writ Petition No. 577/2025 are taken on record.
2. In all three writ petitions, identical issue is involved and the grievance of petitioners is common that EWS (Economic Weaker Section) certificate in favour petitioners have not been issued by the respondents.
3. Learned counsels for the respective parties submitted that the issue involved herein, i.e., as to issuance of Economically Weaker Section Certificate taking into account income and assets of the persons, is no more res integra and stands resolved by a co-ordinate Bench order of this Court dated 31.01.2022 passed in S.B. Civil Writ Petition No.1493/2022 ; Manika Yadav Vs. State of Rajasthan & Ors. and prayed that this writ petition may also be disposed of in similar terms.
4. In case of Manika Yadav (supra) following directions wereissued by this Court:-
“Accordingly, this writ petition is disposed of with direction to the petitioner to make an application before the concerned Sub Divisional Magistrate, who shall carry out the necessary enquiry as required under the law and if petitioner is found entitled for EWS certificate, the same may be issued within a period of one month from the date of receipt of the application. The Competent Authority is required to look into the entitlement of the candidates for the purpose of issuing certificate in EWS category and this certificate is not in relation to any caste or category. This Court also makes it clear that the observations of this Court in respect of grant of EWS certificate, will not have any bearing on entitlement of the petitioner to get benefit except that issuance of certificate will be in pursuance of circular issued by the State Government.”
5. Taking into consideration the contentions advanced by learned counsels for the respective parties, these writ petitions are disposed of in terms of order dated 31.01.2022 passed in case of Manika Yadav (supra) which shall apply mutatis mutandis to this case also.
6. All pending application(s), if any, also stands disposed of.
The court mandates the issuance of EWS certificates within one month if the applicants are found entitled, emphasizing adherence to established guidelines.
The court held that the refusal to issue the EWS Certificate was unsustainable, emphasizing subsequent property sales relate to entitlement under the economically weaker section criteria.
Eligibility for Economically Weaker Section certificate requires strict adherence to documentation and income criteria as per established guidelines.
The rejection of an EWS certificate without affording a fair opportunity to present evidence violates principles of natural justice, warranting judicial intervention.
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 emphasized the need for timely review of EWS applications while considering relevant legal precedents and government orders.
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