J U D G M E N T

AMIT MAHAJAN, J.

1. The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following prayers:

“a. Pass an appropriate writ or order or direction striking down the DoPT OM dated 31.01.2019 as violative of Article 14 and Article 16(1) of the Constitution of India, and further pass an appropriate writ or order or direction striking down the FAQs dated 19.09.2022 issued by Respondent No. 2 DOPT to the extent it accords parity to the candidates of EWS category with the candidates of General Category in age criterion and denies candidates belonging to the EWS category any age relaxation as has been extended to candidates belonging to SC/ST/OBC (Central-NCL) categories, and further pass an appropriate writ or order or direction striking down the

C.S.E. 2024 Notification issued by Respondent No. 3 UPSC to the extent it does not provide any age relaxation for the EWS Category; and

b. Pass an appropriate writ/ order or direction in the nature of mandamus to the Respondents directing them to extend the same relaxation/concession in age/attempts as is extended to candidates belonging to Central OBC Lists also to the candidates belonging to the EWS category in direct recruitments in employment under the Central Government; and

c. Pass such other order or direction as it deems fit in the facts of the present case and in the interest of justice.”

2. The Petitioners, who belong to the Economically Weaker Section (‘EWS’) category, seek extension of the same relaxation in upper age limit and number of attempts as is presently available to candidates belonging to the Scheduled Castes (‘SC’), Scheduled Tribes (‘ST’) and Other Backward Classes (‘OBC’) in direct recruitments / employment under the Central Government.

3. Material facts germane to the adjudication of the present case are as follows:

i. The Constitution (103rd Amendment) Act, 2019 was notified in the Gazette of India on 12.01.2019, wherein Article 15(6) and Article 16(6) were inserted in the Constitution. Article 15(6) of the Constitution empowers the State to make special provisions for the advancement of citizens belonging to the EWS category. Article 16(6) further empowers the State to make reservation of appointments or posts in favour of EWS citizens, in addition to the existing reservation and subject to a maximum of ten per cent of the posts in each category.

ii. Respondent No. 2 vide Office Memorandum dated 31.01.2019 titled ‘Reservation for Economically Weaker Sections in direct recruitment in civil posts and services in the Government of India’ declared a reservation of 10% for persons belonging to EWS category, who are not covered under the scheme of reservation for SCs, STs, and OBCs, in direct recruitment in civil posts and services in the Government of India.

iii. Respondent No. 3 issued a Notice of Examination dated 19.02.2019 wherein candidates belonging to SC/ST categories were allowed age relaxation of up to a maximum of five years and candidates belonging to OBC category were allowed age relaxation of up to a maximum of three years. Further, the Notification declared that every candidate appearing was permitted a maximum of six attempts, however, certain relaxation with regard to maximum number of attempts qua SC/ST/OBC category candidates were given. None of the aforesaid relaxations were extended to candidates belonging to the EWS category.

iv. Respondent No. 2 issued Frequently Asked Questions (FAQs) on reservation to Economically Weaker Sections in posts/services under Central Government dated 19.09.2022, the relevant questions with respect to age relaxation to EWS category have been reproduced as under:

“Question-12- If a person belongs to Other Backward Classes (OBCs) in a State list but not in Central List, can he apply for Income and Asset Certificate?

Answer: Para 2 of annexure-1 to O.M., dated 31.01 .2019, regarding Income & Asset Certificate reads