The Calcutta High Court has issued notice on a writ petition challenging the refusal of authorities to grant an Economically Weaker Section (EWS) certificate to a candidate on the sole ground that his parent's name had been deleted from the electoral rolls during the Special Intensive Revision (SIR) exercise. Justice Krishna Rao passed the order permitting an early hearing after counsel for the petitioner highlighted the urgency arising from the candidate's participation in a government recruitment process.
What is the legal basis for denying an EWS certificate due to a parent's deletion from electoral rolls?
The petition contends that no statutory provision or government notification links a candidate's EWS eligibility to the electoral roll status of their parents. The denial based solely on the parent's deletion from the SIR rolls lacks legal sanction and violates the candidate's right to equal opportunity in public employment.
The petitioner submitted before the court that the authorities had withheld the certificate despite the candidate satisfying all prescribed eligibility criteria for the EWS category. The refusal was founded exclusively on the fact that the petitioner's name had been struck off the electoral rolls during the SIR drive conducted by the Election Commission. Counsel argued that such a ground is extraneous to the statutory framework governing EWS reservations, which determines eligibility based on the candidate's family income and asset holdings, not the parental voting status.
The urgency of the intervention was underscored by the fact that the petitioner's son had already cleared preliminary stages of a government recruitment examination but faced disqualification from further stages due to the non-production of a valid EWS certificate. The plea asserted that the administrative action was arbitrary and bereft of any rational nexus with the objectives of the EWS quota, which is designed to benefit economically weaker sections irrespective of their electoral registration status.
After hearing the submissions, the single-judge bench determined that the matter required consideration and issued notice to the respondents, including the state authorities responsible for issuing the certificate. The court also granted liberty for an early hearing, acknowledging the time-sensitive nature of the recruitment process and the potential prejudice to the candidate's career prospects if the certificate remained withheld.
Aspect | Statutory EWS Criteria | Ground Cited for Denial |
|---|---|---|
Basis of Eligibility | Family gross annual income below Rs 8 lakh; agricultural land below 5 acres; residential flat below 1000 sq ft; residential plot below 100/200 sq yards (municipal/non-municipal) | Deletion of parent's name from electoral rolls during Special Intensive Revision |
Verification Authority | Revenue/Tehsildar or designated competent authority | Electoral registration machinery / Election Commission |
Legal Nexus | Direct assessment of economic status of candidate's family | No statutory provision linking parental electoral status to economic criteria |
The case raises a significant question regarding the scope of administrative discretion in verifying EWS claims. The petitioner's argument rests on the principle that eligibility for reservations must be tested strictly against the parameters notified by the Department of Personnel and Training and corresponding state rules. The introduction of an additional requirement—parental presence on the current electoral roll—effectively amends the statutory criteria without legislative backing.
The court's decision to issue notice and expedite the hearing signals a prima facie recognition that the denial may not withstand scrutiny under Article 14 of the Constitution. The matter is now listed for further arguments, where the state will be required to justify the administrative circular or practice, if any, that mandates cross-verification with SIR rolls before issuing EWS certificates. The outcome will have a bearing on numerous candidates whose family members may have been affected by the electoral roll revision exercise.