Civil Services| DoPT Entitled To Seek Info From Credible Sources Before Concluding If Candidate Correctly Claimed EWS Reservation: Delhi HC

The Delhi High Court has observed that the Department of Personnel & Training (DoPT) is entitled to seek information from credible sources before concluding, as to whether or not the concerned candidate for civil services has correctly claimed reservation under the Economically Weaker Section (EWS) category.Justice Rajiv Shakdher and Justice Talwant Singh was dealing with a petition filed by one Aashima Goyal challenging an order passed by the Central Administrative Tribunal. The petitioner had approached the Tribunal to challenge the decision of DoPT whereby her candidature for Civil Services Examination, 2019 was cancelled.According to the petitioner, she became aware of her candidature being cancelled only when she received information in December 2020 in response to her RTI application. The petitioner after clearing the preliminary, mains examination and interview had secured 65th rank in the merit list, and was, consequently, recommended by Union Public Service Commission (UPSC) for allocation of service.After the result for the main examination UPSC, via an e-mail, informed the petitioner that a discrepancy had been noticed in her detailed application form concerning the Income and Asset Certificate. It was pointed out that the I&A Certificate issued to her was not for F.Y.2017- 18; which was the relevant F.Y. for which the I&A Certificate was required to be appended to the DAF.According to the respondents, her candidature was cancelled due to two reasons: First, she had failed to submit the requisite I&A Certificate before the stipulated deadline and Second, the I&A Certificate filed by the petitioner disclosed that she did not meet the eligibility criteria for securing the post under the EWS category.Advocate J. Sai Deepak appearing for the petitioner submitted that the I&A Certificate for the correct financial year i.e., F.Y.2017-18 after the extended deadline, the petitioner's case ought to have been considered favourably, as relaxation had been given in the case of several other candidates.He also argued that the purpose of the I&A Certificate was to determine the economic status of the candidate in a particular period, and, therefore, the mere fact that the submission of the certificate for the concerned period was late, should not come in the way of the petitioner's I&A Certificate being considered, despite the delay.On the other hand, the DoPT submitted that apart from the fact that the petitioner had not submitted the I&A Certificate for F.Y. 2017-18, despite extensions, her candidature could not be considered as she did not meet the income eligibility criteria stipulated. It was argued that the Court would have to bear in mind the fact that the benefit of reservation under the EWS category would necessarily have to go to those who meet the criteria, and while carrying out this exercise, it will have to exclude those who try to manipulate their economic status.The Court therefore adjudicated the following:- Whether the petitioner had submitted the I&A Certificate for the relevant period i.e., F.Y. 2017-18, before the prescribed deadline?- Whether the petitioner met the income eligibility criteria stipulated in the OM dated 31.01.2019?The Court noted that it was only when the DoPT inquired generally, vis-a-vis all candidates who had sought benefit under the EWS category, that it discovered the petitioner's family income which included her income and that of her father, was beyond the family income eligibility criteria stipulated. "Therefore, according to us, even if we were to agree with the petitioner that the delay in filing the correct I&A certificate should not be the reason for cancelling her candidature, certainly there is a perceptible and a real doubt as to the petitioner fulfilling the family income eligibility criteria prescribed in the aforementioned OM," the Court said. The Court disagreed with the arguments made by the petitioner that DoPT was to go by the certificate issued by the concerned Tehsildar and that the inputs given by the CBDT could not be considered for ascertaining as to whether or not the petitioner fulfilled the income criteria.It said,"Respondent no.1, in our view, is entitled to seek information from credible sources before concluding, as to whether or not the concerned candidate has correctly claimed reservation under the EWS category."Finding nothing wrong in the approach adopted by DoPT, the Court said that CBDT was, without doubt, a reliable source. The Court said:"A careful perusal of the aforesaid rule shows that respondent no.1, in any event, is tasked with the duty to, inter alia, satisfy itself whether the claim made for according, the benefit of reservation is tenable; which, in our opinion, invests in respondent no.1 the concomitant power to gather the necessary information."Accordingly, the petition was dismissed by the Court. Case Title: AASHIMA GOYAL v. UNION OF INDIA AND ANRCitation: 2022 LiveLaw (Del) 46Click Here To Read Order

Civil Services| DoPT Entitled To Seek Info From Credible Sources Before Concluding If Candidate Correctly Claimed EWS Reservation: Delhi HC

Nupur Thapliyal

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