Eligibility for Economically Weaker Section candidates in Civil Services Examination hinges on compliance with specific documentation requirements, requiring possession of requisite certificates by a stipulated deadline.

JUDGMENT :

K.V. Viswanathan, J.

1. These writ petitions raise questions involving the interpretation of the Office Memoranda [OM] dated 19.01.2019 and 31.01.2019 prescribing the eligibility for the Economically Weaker Section [EWS] Category. Additionally, they also involve the interpretation of the CIVIL SERVICES EXAMINATION RULES , 2022 [CSE-2022 Rules], particularly, Rules 13, 27 and 28 thereof. The petitioners, for diverse reasons, were denied the benefit of the EWS category by the Union Public Service Commission [UPSC] for the Civil Services Examination of the year 2022. Was the UPSC justified in denying them the benefit of reservation under the EWS category, is the main question involved. The three Writ Petitions involve different sets of facts. The factual parts are dealt with separately. The legal submissions broadly overlap. Whereever they need to be separately discussed, the same has been done at the appropriate place.

Writ Petition (C) No. 724 of 2023:

2. The petitioner – Ms. Divya was a candidate for the Civil Services Examination, 2022 (CSE-2022). She had already qualified for the Indian Police Service in the Civil Services Examination, 2021 and was allotted the Manipur Cadre. Wanting to fulfil her ambition of joining the Indian Administrative Service (IAS), she applied for the CSE-2022. The category in which she wanted to be considered was in the Economically Weaker Section (EWS) category.

3. The CSE-2022 is governed by the CIVIL SERVICES EXAMINATION RULES , 2022. These Rules were promulgated on 02.02.2022. These Rules are crucial for the adjudication of the case as the outcome of the case turns on the interpretation of these Rules, particularly, Rules 13, 27 & 28 thereof.

Office Memoranda Dated 19.01.2019 & 31.01.2019:

4. By an Office Memorandum of 19.01.2019, the Government of India, Ministry of Personnel, Public Grievances and Pensions, Department of Personnel and Training (DoPT) prescribed the criterion to be eligible to apply under the EWS category. The prescription was that firstly, a) the persons should not be covered under the existing scheme of reservations for the SC/ST and the Socially and Economically Backward Classes and b) their family gross annual income must be below Rs.8 lakhs.

Secondly, the income was to include income from all sources i.e. salary, agriculture, business, profession etc. and it will be income for the Financial Year [FY] prior to the year of application.

Thirdly, the persons whose family owns or possesses any of the following assets are to be excluded from the category of EWS, irrespective of the family income:

i) 5 acres of Agricultural Land and above;

ii) Residential flat of 1000 sq. ft. and above;

iii) Residential plot of 100 sq. yards and above in the notified municipalities;

iv) Residential plot of 200 sq. yards and above in areas other than the notified municipalities.

Fourthly, the income and assets of the families as mentioned above was to be certified by an Officer not below the rank of a Tehsildar in the States/Union Territories (UTs). The Officer was to issue the certificate after carefully verifying all relevant documents following due process as prescribed by the respective States/UTs.

5. This was followed up by another Office Memorandum [OM] dated 31.01.2019 issued by the Department of Personnel & Training, Government of India. Under this OM, issued in continuation to the OM of 19.01.2019, in Clause 5 it is provided a