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.

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the impugned order passed by the fourth respondent, pertaining to the dismissal order in Appeal No.4007/SCRY/D1/EWS/2025-26/569, dated 07.10.2025, based on the rejection of the fifth respondent in order No.1125STOY/ EWS-Refusal/2025-26/44, dated 20.08.2025 respectively and quash the same and direct the fifth respondent to issue the Economically Weaker Section Certificate to the petitioner to avail the post of Assistant and consequently directing the first respondent to keep one post of Assistant until the petitioner’s claim is deiced and appointment is given to her.

For Petitioner : Mr.T.Sai Krishnan for M/s.V.Kamal For Respondents : Mr.R.Sreedhar Additional Government Pleader

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Certiorarified Mandamus to call for the order passed by the fourth respondent, pertaining to the dismissal order in Appeal No.4007/SCRY/D1/EWS/2025-26/569, dated 07.10.2025, based on the rejection of the fifth respondent in order No.1125STOY/ EWS- Refusal/2025-26/44, dated 20.08.2025 respectively and quash the same and direct the fifth respondent to issue the Economically Weaker Section Certificate to the petitioner to avail the post of Assistant and consequently directing the first respondent to keep one post of Assistant until the petitioner’s claim is deiced and appointment is given to her.

2.The learned counsel appearing for the petitioner submitted that the petitioner belong to KAPU Community which is OC category, falling under economically weaker section and residing with her parents at Yanam. The petitioner got married to one Bandaru Santhosh Kumar on 17.12.2021 at Agnikula Kshatriya Kalyanamandapam, Bezawada Gardens, Yanam and the same was registered before the Sub-Registrar Yanam on 11.01.2022 and started their matrimonial home at the residence of her husband at Yanam. Out of the wedlock, they were blessed with a daughter on 13.12.2022. Thereafter, there was matrimonial dispute between the petitioner and her husband, thereby, the petitioner filed divorce petition in HMOP No.521 of 2025 before the learned I Additional Senior Civil Judge Kakinada and divorce was granted on 19.12.2025.

3.The learned counsel appearing for the petitioner further submitted that the petitioner applied for the post of Assistant (Group “B” Non-Gazetted Ministerial in Level 6 of pay matrix) and was selected under Economically Weaker Section. After certificate verification, the petitioner was instructed to produce EWS certificate. The petitioner applied for issuance of Income and Asset Certificate for Economically Weaker Section before the fifth respondent along with declaration/ affidavit for issuance of EWS Certificate (EWS certificate for the financial year 2023 – 2024 valid for the year 2024 – 2025) and the same was refused by the fifth respondent on the ground that the petitioner’s father own 10 cents of vacant land, mother own 122 sq.mts. of vacant land and her husband own 135 sq.mts. of vacant land and aggrieved by the same, the petitioner preferred appeal before the fourth respondent and the fourth respondent passed the impugned order confirming the order passed by the fifth respondent.

4.The learned counsel appearing for the petitioner further submitted that the petitioner’s husband sold the 135 sq.mts. of vacant land owned by him to third party on 29.07.2024 and the petitioner’s mother sold the 122 sq.mts. of vacant land owned by her to third party on the same day on 29.07.2024. Hence the impugned order is not sustainable one.

5.The learned Additional Government Pleader submitted that the petitioner made appli