EWS certificate issued after crucial date invalid; eligibility determined by cut-off.

The applicant, Jatin Kumar, applied for the post of Constable (Exe.) – Male and sought to be considered under the Economically Weaker Sections (EWS) category.

The general closing date for application submission was September 30, 2023.

The applicant possessed two EWS certificates: one dated November 29, 2022, valid for the financial year 2022-23, and another dated January 11, 2024, valid for 2023-24.

The advertisement notification contained two potentially conflicting clauses regarding EWS certificates: para 6.4 stated that EWS certificates issued after the crucial date (closing date of online applications) but valid for the financial year would not be acceptable and such candidates would be considered under the Unreserved (UR) category.

Clause 4 under column 21 stated that candidates must be in possession of certificates in the prescribed format in support of their claim when copies are sought during PE&MT (Physical Endurance & Measurement Test).

The PE&MT was conducted on January 14, 2024.

The respondents did not accept either of the applicant's EWS certificates because the first was for the previous year (2022-23) and the second was issued after the crucial date of September 30, 2023, leading to the applicant's candidature being considered under the UR category.

Whether the terms and conditions stipulated in the advertisement regarding the Economically Weaker Sections (EWS) certificate, particularly concerning the relevant financial year and crucial date for issuance, are ambiguous.

Whether the applicant is entitled to the benefit of being considered under the EWS category despite the EWS certificate being obtained after the application closing date.

The court primarily applied the principle that eligibility must be determined with reference to the cut-off date stated in the advertisement.

It relied on Clause 6.4 of the advertisement notice, which stipulated that EWS certificates issued after the crucial date/closing date for receipt of online applications, even if valid for the financial year, would not be acceptable, and such candidates would be considered under the UR category.

The court also referred to the Supreme Court's decision in Divya Vs. Union of India and Ors. (decided on October 9, 2023), which established that before the closing date of application, a candidate must be in possession of the requisite certificate for the financial year and that eligibility has to be determined with reference to the cut-off date.

The court analyzed the applicant's contention that the advertisement had an ambiguity between para 6.4 and clause 4 of column 21 regarding the EWS certificate requirements.

However, the court found no ambiguity, reiterating that the closing date of application (September 30, 2023) is the sacrosanct cut-off date for determining eligibility.

The applicant's EWS certificate dated November 29, 2022, was for the financial year 2022-23, which was considered the previous year for the purpose of the application closing on September 30, 2023.

The certificate dated January 11, 2024, valid for 2023-24, was obtained after the crucial closing date of September 30, 2023.

The court explicitly stated that merely obtaining a certificate prior to the PE&MT test (January 14, 2024) does not suffice if it is after the application closing date.

It relied on the consistent legal proposition, as settled in Divya (supra), that eligibility, including possession of requisite certificates, must be established by the cut-off date.

Therefore, the court concluded that the terms and conditions were clear and the applicant's certificates did not meet the stipulated requirements.

The court concluded that the terms and conditions of the advertisement were not ambiguous, and the crucial date for being in possession of a valid EWS certificate was the closing date of the application, September 30, 2023.

Since both of the applicant's EWS certificates were found not to be valid as per the recruitment notice instructions and the ratio laid down in Divya (supra)—one being for the preceding financial year and the other issued after the crucial date—the applicant was not entitled to be considered under the EWS category.

The O.As. were dismissed, with no order as to costs.