The Court held that abandonment of a parent affects income assessment for EWS Certificate eligibility and that minor discrepancies in documentation unrelated to support should not impede valid claims.

J U D G M E N T

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The 1^st petitioner, who is a meritorious student who has appeared for the NIFT Entrance Examination conducted by the National Testing Agency, is aggrieved by the refusal on the part of the respondents to issue Economically Weaker Section (EWS) Certificate to the

1^st petitioner.

2. The 1^st petitioner appeared for the NIFT Entrance Examination and secured an All India Rank of 1238 and EWS Category Rank of 54. The petitioners wanted to avail the benefit of reservation under the Economically Weaker Section Category. The 1^st petitioner’s father had left the family 12 years ago and he is now living abroad with another family. The 1^st petitioner’s father is not supporting the petitioners.

3. Though the petitioners submitted representations before respondents 2 and 3 and proceeded with the matter, the application for EWS Certificate stands rejected as per Ext.P12 communication of the 3^rd respondent. It is aggrieved by Ext.P12 communication dated 30.06.2025 that the petitioners are before this Court.

4. I have heard the learned counsel for the petitioners, the learned Government Pleader representing respondents 1 to 3, the learned Deputy Solicitor General of India appearing for the 4^th respondent and the learned Standing Counsel appearing for the additional 5^th respondent.

5. It is not in dispute that the 1^st petitioner's mother, who is the 2^nd petitioner, has no independent income.

It is also not disputed that the 1^st petitioner’s father left the family 12 years ago. However, the application for EWS Certificate has been rejected holding that the 1^st petitioner’s mother holds 6.95 Cents of land as against the permissible upper limit of 4.13 Cents as per the orders issued by the Central Government.

6. The income of the father as well as mother has to be considered for grant of EWS Certificate. If either of the parents have abandoned the family, the income of such a person need not be taken into account. The petitioners have filed documents in this regard. Ext.P12 further states that in the Secondary School Certificate of the 1^st petitioner, the mother‘s name is shown as Sushadevi instead of Sreeja.

7. The 1^st petitioner is a very meritorious candidate. In the NIFT Entrance Examination conducted by the NTA, the 1^st petitioner has an All India Rank of 1238. In the EWS Category, the 1^st petitioner’s rank is 54. Ext.P7 Income Certificate issued by the Revenue authorities would show that the annual income of the family is below ₹60,000/- only. Ext.P8 certificate issued by the President of the Grama Panchayat would show that the 2^nd petitioner’s husband has abandoned the petitioners and the 2^nd petitioner has not remarried. According to the petitioners, the 2^nd petitioner’s husband is living in a foreign country with a separate family. Ext.P11 issued by the Village Officer would show that the name of the mother of the 1^st petitioner is Sreeja. The petitioners would submit that Sushadevi is the name of her stepmother.

8. Considering the facts of the case, I am of the view that the reason stated in Ext.P12 for declining EWS Certificate to the 1^st petitioner is unsustainable. As regards the land held by the 2^nd petitioner, Ext.P13 Location Plan prepared by the licensed building supervisor under the Department of Urban Affairs, Government of Kerala would show that the 2^nd petitioner has only 3.5 Cents of residential area and the remaining 3.5 Cents is agricultural land. The Government of Kerala has issued Ext.P14 Government Order, where it has been categorically stated that for considering the criteria for inclusion in the EWS Category, after calculating the setback area, built-up area and covered area must be added along with the setback area. All t