CAT relief for UPSC candidate over EWS certificate by naib tehsildar
Chandigarh, December 30
The Chandigarh Bench of the Central Administrative Tribunal (CAT) has directed the Union Public Service Commission to allow a Haryana resident, Prateek Bansal, to participate in further stages of the civil services examination process as an EWS candidate.
According to Bansal, the commission had shifted him from the ‘EWS’ category to the ‘unreserved’ category on the ground that a naib tehsildar is not a competent authority to issue an income certificate.
Harish Chandra, the counsel appearing on behalf of the applicant, argued that Bansal had qualified for a civil services preliminary examination (2023). The respondents (UPSC), through its communication dated November 20, 2023, had changed the category of the applicant from ‘EWS’ to ‘unreserved’.
Chandra argued that the applicant’s state of domicile is Haryana and noted that, as per a notification (dated July 13, 2022) issued by the Haryana Government, naib tehsildars and tehsildars designated officers for issuing an income and asset certificate for those belonging to economically weaker sections.
The counsel submitted that, as an ad interim relief, a direction may be issued to the respondents to allow the applicant to participate in all stages of the civil services examination process as an EWS candidate. The counsel for the applicant relied on an order passed by the Principal Bench in a similar case.
After hearing the arguments, the Bench directed the respondents to allow the applicant to participate in further stages of the examination process as an EWS candidate. “I have gone through the order passed by the Principal Bench and the material available on record and heard the counsel for the respondents. In order to maintain judicial propriety, the applicant is also entitled to the same relief. The respondents are directed to allow the applicant to participate in further stages of the examination process as an EWS candidate. However, the result of the applicant shall not be placed in the public domain without the prior permission of this tribunal,” Suresh Kumar Batra of the Bench stated in the order.
The Bench issued notices to the respondents and adjourned for further hearing till February 1, 2024.
