Apex Court rules invalid EWS certificates cannot be grounds for reservation claims, emphasizes need for compliance with financial year requirements.
In a landmark judgment, the Supreme Court of India dismissed the appeals filed by Poonam Dwivedi and others against the State of Uttar Pradesh regarding the validity of Economically Weaker Section (EWS) certificates used in the recruitment process for Health Workers (Female). The judgment, delivered by Justices Manoj Misra and Prasanna B. Varale, affirmed that the EWS certificates submitted by the appellants were invalid as they did not comply with the stipulated financial year requirements.
The recruitment, announced by the Uttar Pradesh Subordinate Service Selection Commission on December 15, 2021, reserved ten percent of the 9212 Health Worker positions for EWS candidates. The candidates were required to submit EWS certificates valid for the financial year prior to the application year, with January 5, 2022, set as the last date for submission.
The appellants, who participated in the recruitment process and cleared the written examination, were not included in the final select list due to discrepancies in their EWS certificates. The Supreme Court found that the certificates were either issued before the relevant financial year had concluded or did not pertain to the correct financial year, thus rendering them invalid for claiming reservation benefits.
The appellants argued that errors in the certificates were due to the issuing authorities and that they should not be penalized for these mistakes. However, the Court emphasized that for claiming reservation under the EWS category, candidates must possess a valid income and asset certificate for the specified financial year by the cut-off date.
The Court also highlighted the importance of adhering to the procedural requirements in public recruitment processes, stressing that judicial interference in such matters should be minimal to avoid delays that could affect a large number of aspirants.
This decision reinforces the need for candidates to ensure compliance with all specified requirements in recruitment advertisements, particularly concerning reservation certificates.
Bottom Line:
Reservation under Economically Weaker Section (EWS) category - EWS certificate must be in possession of the candidate on or before the cut-off date, and it must relate to the financial year prior to the application year in the prescribed form. Certificates issued for a different financial year or obtained after the cut-off date are invalid for claiming reservation.
Statutory provision(s): Economically Weaker Section (EWS) reservation guidelines, UP Public Services (Reservation for Economically Weaker Sections) Act, 2020, Office Memorandum dated 18.02.2019.
Poonam Dwivedi v. State of U.P, (SC) : Law Finder Doc id # 2880830
