There Was No Format of EWS Certificate When They Applied: Gauhati HC Directs Appointment Of Candidates As Junior Engineers (Civil)
The Gauhati High Court directed the appointment of some candidates as Junior Engineer (Civil) in the Panchayat and Rural Development Department (P&RD Department) noticing that there was no clear cut EWS certificate format when they applied.
The Court explained that the 103rd Amendment of the Constitution brought in the concept of Economically Weaker Section (EWS) category and accordingly Articles 15 (6) and 16 (6) were incorporated.
A Single Bench of Justice Sanjay Kumar Medhi observed, “In absence of a clearcut certificate format, the rejection of the certificates submitted by the petitioners cannot be termed as a reasonable approach, more so, when the concept itself was in a nascent stage…directing that the petitioners be afforded the appointment to the post of Junior Engineer (Civil) in the P & RD Department pursuant to the said recruitment process.”
Sr. Advocate K.K. Mahanta appeared for the petitioners, while Addl. Sr. GA T.C. Chutia represented the respondents.
The petitioners had applied for the position of Junior Engineer (Civil) in response to an advertisement issued by the Assam Public Service Commission (APSC) in 2020. The advertisement had announced 344 vacancies, of which 33 were reserved for candidates under the EWS category. Although the petitioners claimed to have been selected based on their performance, they were denied appointment, leading to the filing of the writ petition.
The reason cited for rejecting the candidatures of the petitioners was that the certificate submitted by them in support of EWS, though said to be for the financial year 2019-2020 was issued in the midst of the said financial year.
The Court noted that no particular format of EWS certificate was notified in the recruitment advertisement and the only criteria mentioned was that the certificate should be for the financial year 2019-2020.
Therefore, the Bench explained, “Though in a very technical sense, a certificate for a financial year can be given only after completion of the financial year and not in the midst of the same. At the same time, this Court cannot be oblivious of the fact that the advertisement was published in the midst of the financial year and the last date being 30.08.2020, the certificates which were submitted by the petitioners though is dated in the midst of the financial year 2019-2020 is for the said period.”
The Court also noted that after the Amendment of the Constitution in the year 2019, the petitioners were the first batch to apply under the aforesaid quota. “This Court has also noted that only in the subsequent advertisement of the year 2022, the format of the EWS certificate has been given,” the Bench remarked.
Consequently, the Court ordered that “interest of justice would be served if the benefit of EWS is granted to the petitioners by accepting their certificates.”
Accordingly, the High Court allowed the petition.
Cause Title: Chayanika Phukan & Ors. v. The State Of Assam & Ors.
Appearance:
Petitioners: Sr. Advocate K.K. Mahanta; Advocates K Singha and S Gautam
Respondents: Addl. Sr. GA T.C. Chutia; SC P. Nayak and PP Dutta; Advocate RM Deka
