Court Affirms Invalidity of EWS Certificate, Orders Termination of Appointment Due to Income Misrepresentation
In a significant ruling, the Delhi High Court dismissed the writ petition filed by Dr. Bahubali N. Shetti against the All India Institute of Medical Sciences (AIIMS), upholding the Central Administrative Tribunal's decision to invalidate his Economically Weaker Section (EWS) certificate. The High Court's decision, delivered by a bench comprising Justices Anil Kshetarpal and Amit Mahajan, reinforces the principle that the substance of financial remuneration should determine EWS eligibility, rather than its nomenclature.
The controversy arose when Dr. Shetti, a Junior Resident at AIIMS, was selected for the post of Senior Resident (Ophthalmology) under the EWS category. This selection was challenged by another candidate, Respondent No. 2, who claimed that Dr. Shetti's family income exceeded the EWS eligibility threshold. The Tribunal, after reviewing the evidence, declared the EWS certificate invalid and directed AIIMS to terminate Dr. Shetti's appointment.
The High Court examined whether the remuneration received by Dr. Shetti, which was treated as salary, should be considered for EWS eligibility. The court concluded that the gross annual income, as reflected in Form-16 and pay slips, exceeded the prescribed EWS ceiling of Rs. 8,00,000. It rejected Dr. Shetti's argument that the payments were stipends or scholarships, noting that they were subject to tax deductions and included service obligations, thereby constituting income.
Furthermore, the High Court found no error in the Tribunal's jurisdiction to assess the validity of the EWS certificate in the context of recruitment. The court emphasized that the interim stay on the cancellation of the EWS certificate did not prevent the Tribunal from evaluating the eligibility criteria.
The court also upheld the Tribunal's directive to offer the post to the next eligible EWS candidate or convert it to the Unreserved category for Respondent No. 2, as the merit list warranted. This decision underscores the importance of transparency and adherence to prescribed eligibility criteria in EWS reservations.
The ruling highlights the judiciary's commitment to ensuring that benefits under the EWS category reach genuinely deserving candidates and maintain the integrity of the reservation process.
Bottom Line:
Employment and EWS Reservation - Salary paid to Junior Resident Doctors cannot be equated with a scholarship - Tribunal justified in treating remuneration as income for determining eligibility under the EWS category.
Statutory provision(s): Article 226 of the Constitution of India, Section 10(16) of the Income Tax Act, 1961.
