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Calcutta High Court Dismisses Candidate's Plea for EWS Certificate Relaxation

LAW FINDER NEWS NETWORK | May 18, 2026 at 4:10 PM
Calcutta High Court Dismisses Candidate's Plea for EWS Certificate Relaxation

Court Upholds Recruitment Notice Conditions, Denies Alteration for Individual Candidate


In a significant ruling, the Calcutta High Court has dismissed a petition filed by Deepak Kumar, who sought a direction for the Airports Authority of India (AAI) to accept an Economically Weaker Section (EWS) certificate for a different financial year than specified in the recruitment notice. The case, Deepak Kumar v. Airports Authority of India & Ors., was presided over by Justice Amrita Sinha, who delivered the judgment on May 12, 2026.


The petitioner, Deepak Kumar, participated in the recruitment process under the EWS category as per the AAI's advertisement No. ER/02/2024. The recruitment notice clearly stated that candidates were required to submit an EWS certificate for the financial year 2023-24 at the time of document verification. Kumar, however, failed to produce the necessary certificate within the stipulated time and instead provided an undertaking to submit the document by February 6, 2026, with the last permissible date being February 13, 2026.


Due to his inability to submit the EWS certificate by the deadline, Kumar's candidature was canceled, prompting him to seek judicial intervention. He requested the court to direct the AAI to accept an EWS certificate for the financial year 2024-25 instead, citing the timing of the examination in 2025 as a reason for his inability to comply with the original requirement.


Representing the AAI, the respondents' counsel argued that the recruitment notice's conditions were explicit and non-negotiable, and any relaxation would undermine the principles of equality in public recruitment. They referenced a Supreme Court judgment in Poonam Dwivedi v. State of U.P., which emphasized the importance of adhering to specified financial years for eligibility certificates, underscoring that deviations would affect a candidate's eligibility.


Justice Sinha, in her judgment, concurred with the respondents, stating that altering recruitment conditions for an individual candidate could lead to discrimination and set an unfair precedent for other candidates. She emphasized that recruitment conditions are binding and cannot be modified at the behest of candidates, as doing so would violate the principles of equality and fairness in public recruitment processes.


The court found no evidence that the AAI acted contrary to the recruitment notice's conditions and thus denied Kumar's plea. The writ petition was dismissed, with the court reiterating that no relief could be granted to the petitioner.


This judgment reinforces the sanctity of recruitment notices and the need for candidates to adhere strictly to their terms. It sends a clear message about the judiciary's commitment to upholding fairness and equality in public recruitment processes.


Bottom line:-

Recruitment process - Candidate required to submit EWS certificate for a specific financial year as per recruitment notice - Candidate failed to comply and sought relaxation - Court held that recruitment conditions cannot be altered for individual candidates, as it would lead to discrimination and violate the principles of equality in public recruitment.


Statutory provision(s): Recruitment process conditions, EWS certificate requirement, Writ of Mandamus, Equality in public recruitment.


Deepak Kumar v. Airports Authority of India, (Calcutta) : Law Finder Doc id # 2899713

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