ORDER

Hon’ble Dr. Anand S, Khati, Member (A) :

In the present Original Application (O.A.) filed under Section 19 of the Administrative Tribunals Act, 1985, the applicant has sought for the following relief(s):-

“(i) Direct the Respondents to consider the case of the Applicant herein in the EWS category and allow her to join duties to the post of constable (female) with Delhi Police that is Respondent No.2;

(ii) Pass any other order or orders as may deem fit in the facts and circumstances of this case in the interest of justice.”

Highlighting the facts of the case, learned counsel for the applicant submitted that pursuant to Advertisement dated 01.09.2023 inviting applications for filling up 2491 vacancies (including UR–1502, EWS–268, OBC–142, SC–429, and ST–15) from women candidates out of a total of 7547 posts of Constable in Delhi Police, the applicant being eligible applied under the EWS category. She appeared in the written examination held on 15.11.2023 and secured 60.18683 marks, as per the result declared on 31.12.2023. She was thereafter called for the Physical Endurance and Measurement Test (PEMT) and document verification on 18.01.2024.

During document verification, she was orally informed that her EWS certificate dated 05.01.2024, pertaining to the financial year 2022–23 (valid from 01.04.2023 to 31.03.2024) had been issued after the crucial/closing date, i.e. the last date for submission of the online application being 30.09.2023. Accordingly, the said certificate was not liable to be considered in terms of Clause 6.4 of the Advertisement, and her candidature would instead be considered under the General category. The applicant also produced an EWS certificate dated 05.12.2022 for the financial year 2021–22 (valid from 01.04.2022 to 31.03.2023). Clause 6.4 of the Advertisement reads as under:-

“6.4 Candidates applying under EWS category must be in possession of valid EWS certificate as per Annexure-VII issued on or before the crucial date. The crucial date for this purpose will be the closing date of receipt of online applications. The EWS certificate issued after the crucial date/closing date but valid for the financial year will not be acceptable and such candidates will be considered under UR category."

According to him, the above clause is ultra vires Article 14 of the Constitution of India to the extent that it prescribes that the candidates must be in possession of the EWS certificate as on the closing date of applications.

Thereafter, the applicant was subjected to a medical examination on 19.01.2024, which she successfully cleared.

However, when the result of the aforesaid examination was declared on 24.01.2024, it was observed that out of 268 vacancies earmarked for EWS candidates, only 258 vacancies had been filled, with the cut-off being 53.400009 marks. Similarly, out of 1502 vacancies for General category candidates, only 1483 vacancies had been filled, with the cut-off being 61.04952 marks. It is pertinent to note that candidates who fail to clear the medical examination would be eliminated, thereby resulting in additional unfilled vacancies.

It is submitted that the applicant, being an EWS category candidate who secured 60.18683 marks, i.e. well above the cut-off of 53.400009 marks for her category, is being denied the benefit of reservation solely on the ground that her EWS certificate for the financial year 2022–23 (valid from 01.04.2023 to 31.03.2024) was issued on 05.01.2024, i.e., after the last date for submission of the online application (30.09.2023).

The learned counsel for the applicant argued that it is not the case that the applicant is not an EWS category candidate but delay in getting issued the certificate after the last date is a defect of technical nature, and that the impugned action of the respondents is contrary to the law laid down by the Apex Court in the following cases:

(i) Dolly Chhanda vs Chairman, JEE and Others, (2005) 9 SCC 779;

(ii) Alok Kumar Singh and Ors. vs State of