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.

JUDGMENT :

Laxmi Narayana Alishetty, J.

1. This Writ Appeal is filed seeking to modify the interlocutory order, dated 19.11.2024, in W.P.No.32280 of 2024, wherein and whereby learned single Judge of this Court while issuing notice before admission, passed order to the effect that any selections made to the posts of Hostel Welfare Officer Grade-II pursuant to Notification No.25 of 2022 dated 23.12.2022 issued by respondent No.3, shall be subject to the outcome of the Writ Petition.

2. Heard Sri Pratap Narayan Sanghi, learned senior counsel appearing for Sri Avadesh Narayan Sanghi, learned counsel on record for the appellant, learned Government Pleader for Social Welfare for respondent Nos.1 and 2 and Sri P.S.Rajashehar, learned Standing Counsel for respondent No.3.

3. Briefly stated, the facts of the case are that respondent No.3 has issued notification No.25 of 2022, dated 23.12.2022, to fill up various posts in Tribal Welfare Department; that the appellant is one of the aspiring candidates for the post of Hostel Welfare Officer Grade-II and he submitted application for the said post on 26.01.2003; that after scrutiny of the applications, the appellant was issued hall ticket and he participated in the written test held on 28.06.2024 and secured 193.19 marks; that as per Notification, dated 23.12.2002, 10% reservation for Economically Weaker Sections was provided in terms of G.O.Ms.No.65, dated 19.05.2021; that as per para-12(vii) of notification, EWS reservation is applicable as per G.OMs.Nos.243 and 244, GA (SER.D) Department, dated 24.08.2021; that as per G.O.Ms.No.65. dated 19.03.2001, to avail the benefit of reservation under EWS, the candidates have to produce the Income and Asset Certificate (hereinafter referred to as ‘1 & A Certificate’) issued by the competent authority.

3.1. Respondent No.3 issued notification dated 01.11.2024, by which a provisional list of candidates who are short listed for certificate verification was provided and the candidates were informed that original documents which include EWS Certificate for the financial year i.e., 2001-22 prior to the year of application issued by the competent authority has to be submitted. The name of appellant is also included in the said list. The appellant has obtained EWS certificate for the financial years 2022-23 and 2023-24 and submitted the same to respondent No.3. However, as respondent No.3 insisted for production of EWS Certificate for the financial year 2021-22, the appellant approached this Court by filing W.P.No.32280 of 2024. Aggrieved by non-granting of interim order in his favour by the learned single Judge, the appellant preferred the present Writ Appeal.

4. Learned senior counsel appearing for the appellant contended that the appellant was unable to obtain EWS Certificate for the financial year 2021-22. He further contended that the Secretary of respondent No.3 addressed a letter dated 03.05.2024 to respondent No.2 with a request to issue appropriate orders to the District Collectors and the Tahsildars, who are the competent authorities, to issue EWS Certificates for the previous years also, however, respondent No.2 vide letter dated 10.06.2024 has rejected the said request and clarified that only current year EWS Certificate can be issued. Therefore, in the aforesaid circumstances, learned senior counsel contended that insistence by respondent No.3 for furnishing of EWS Certificate for the financial year 2021-22 by the appellant is wholly incorrect and it is also, in fact, contrary to the Notification, since in the notification it is mentioned that EWS Certificate of previous financial year is required from the date of application and not from the date of notification. Learned senior counsel finally contended that insisting for producing EWS Certificate for the financial year 2021-22 by the appellant is contrary to the Notification as well as the guidelines framed under G.O.Ms.No.65, dated 19.03.2021 and only on this ground, the candidature of the appell