Reservation — EWS Category — Eligibility — Income and Asset Certificate — Financial year requirement — For claiming reservation under Economically Weaker Section (EWS), the Income and Asset Certificate must relate to the financial year prior to the year of application and must be in the prescribed format — Certificate issued for incorrect financial year or prior to closure of relevant financial year renders candidature invalid. (Paras 23–25, 27)

advocatemmmohan

Reservation — EWS Category — Eligibility — Income and Asset Certificate — Financial year requirement —

For claiming reservation under Economically Weaker Section (EWS), the Income and Asset Certificate must relate to the financial year prior to the year of application and must be in the prescribed format — Certificate issued for incorrect financial year or prior to closure of relevant financial year renders candidature invalid.

(Paras 23–25, 27)

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EWS Certificate — Validity — Cut-off date — Mandatory compliance —

Candidate must possess a valid EWS certificate in prescribed format on or before the cut-off date/last date of application — Non-possession of valid certificate by cut-off date is fatal to claim for reservation.

(Paras 20, 27)

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Recruitment process — Defective certificates — Effect —

Where certificates relied upon by candidates:

• do not correspond to required financial year, or
• are issued before closure of relevant financial year,

such certificates suffer from apparent error and cannot be relied upon for claiming reservation benefit.

(Para 25)

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Public employment — Eligibility conditions — Strict compliance —

Eligibility conditions prescribed in advertisement, including requirement of proper certificate in specified format and period, must be strictly complied with — Equity or hardship cannot override mandatory requirements.

(Paras 20–21, 25–26)

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Recruitment — Subsequent correction of documents — Impermissibility —

Candidates who submitted defective certificates prior to advertisement or cut-off date cannot seek benefit by subsequent correction or by attributing fault to issuing authority — It was open to candidates to obtain fresh compliant certificates.

(Para 26)

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Recruitment process — Judicial interference — Scope —

In large-scale public recruitment involving online applications, rejection of candidature on account of defects in submitted documents should not ordinarily be interfered with, as it may delay or derail the recruitment process affecting numerous candidates.

(Para 28)

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RATIO DECIDENDI 

For availing reservation under the EWS category, possession of a valid Income and Asset Certificate in the prescribed format, pertaining to the financial year prior to the year of application and existing on or before the cut-off date, is a mandatory eligibility condition; non-compliance or submission of defective certificate renders the candidature invalid and cannot be cured subsequently.

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RESULT

• Appeals dismissed
• High Court judgment affirmed

(Para 29)