The Supreme Court is hearing three writ petitions that raise questions about the interpretation of Office Memoranda (OM) dated 19.01.2019 and 31.01.2019, which prescribe the eligibility criteria for the Economically Weaker Section (EWS) category.
* The petitioners were denied the benefit of reservation under the EWS category by the Union Public Service Commission (UPSC) for the Civil Services Examination of 2022.
* The main question involved is whether the UPSC was justified in denying the petitioners the benefit of reservation under the EWS category.
* The three writ petitions involve different sets of facts, but the legal submissions broadly overlap.
* Writ Petition (C) No. 724 of 2023 involves Ms. Divya, who was a candidate for the Civil Services Examination, 2022 and had already qualified for the Indian Police Service in the Civil Services Examination, 2021. She applied for the CSE-2022 under the EWS category but was denied the benefit of reservation.
* The Civil Services Examination Rules, 2022, which govern the CSE-2022, are crucial for the adjudication of the case, particularly Rules 13, 27, and 28.
* The Office Memoranda dated 19.01.2019 and 31.01.2019 prescribe the criterion for eligibility to apply under the EWS category, which includes a) not being covered under the existing scheme of reservations for SC/ST and Socially and Economically Backward Classes, b) having a family gross annual income below Rs.8 lakhs, and c) not owning or possessing certain assets such as agricultural land, residential flat, residential plot, etc.
* The income and assets of the families are to be certified by an Officer not below the rank of a Tehsildar in the States/Union Territories, who is to issue the certificate after carefully verifying all relevant documents following due process as prescribed by the respective States/UTs.
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15 окт 2023
