DIVYA versus UNION OF INDIA & ORS.

DIVYA versus UNION OF INDIA & ORS.

The Court held that for CSE-2022 a candidate claiming EWS benefit must meet the Central Government's criteria and be in possession of the requisite I&AC based on income for FY 2020-21 and must have that certificate by the prescribed cut-off (22.02.2022); rr.13, 27(3) and 28 of the CSE-Rules, 2022 are valid and enforceable, and UPSC was justified in rejecting or converting candidature where the required I&AC was not possessed or uploaded by the cut-off; selective relaxation and post hoc rectification that affect eligibility cannot be allowed.

Parties
Petitioner: Divya; Respondent: Union of India & Ors.
Jurisdiction
India
Judgment Date
09 October 2023
Procedural Posture
Writ Petition (civil) Under Article 32 / Final Judgment
Outcome
All writ petitions dismissed
Legal Topics
Economically Weaker Section (ews) Eligibility, Civil Services Examination Rules, 2022 (rr.13, 27(3), 28), Cut Off Date for Eligibility, Income and Asset Certificate (i&ac), Reservation Policy, Rule Validity and Enforceability, Selective Relaxation and Procedural Compliance
Service Law Constitutional Law Administrative Law Economically Weaker Section (ews) Eligibility Civil Services Examination Rules, 2022 (rr.13, 27(3), 28) Cut Off Date for Eligibility Income and Asset Certificate (i&ac) Reservation Policy +2 more

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Parties

Divya

Petitioner

Union of India & Ors.

Respondent

Procedural Posture

Writ Petition (civil) Under Article 32 / Final Judgment

Legal Issues

  1. 1 What is the eligibility criterion for claiming EWS under the CSE-Rules, 2022 read with OMs dated 19.01.2019 and 31.01.2019?
  2. 2 Was the UPSC justified in prescribing the cut-off date (22.02.2022) for possession and uploading of the I&AC to claim EWS benefits?
  3. 3 Are the Civil Services Examination Rules, 2022 enforceable in law and are rr.13, 27(3) and 28 constitutionally valid?

Ratio Decidendi

The Court held that for CSE-2022 a candidate claiming EWS benefit must meet the Central Government's criteria and be in possession of the requisite I&AC based on income for FY 2020-21 and must have that certificate by the prescribed cut-off (22.02.2022); rr.13, 27(3) and 28 of the CSE-Rules, 2022 are valid and enforceable, and UPSC was justified in rejecting or converting candidature where the required I&AC was not possessed or uploaded by the cut-off; selective relaxation and post hoc rectification that affect eligibility cannot be allowed.

Court Disposition

All writ petitions dismissed

Orders

  • Writ petitions dismissed
  • No order as to costs