Supreme Court Upholds High Court's Direction for Fresh EWS Certificate Issuance in Recruitment Dispute. High Court Properly Exercised Discretion Given Ambiguity in Advertisement Terms and Government Notifications Regarding Financial Year Requirements for EWS Certificates.

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Case Note & Summary

The Supreme Court considered appeals challenging a common judgment of the Allahabad High Court regarding the validity of Economically Weaker Section certificates submitted by candidates for Health Worker positions. The Uttar Pradesh Subordinate Service Selection Commission had advertised 9212 posts with 10% reservation for EWS category. The appellants applied under this category and submitted certificates, but were not selected despite scoring higher marks than the last selected EWS candidate. The respondents contended the certificates were invalid as they did not properly reflect the required financial year. The High Court found confusion in the advertisement language and specimen certificate format, noting discrepancies between Central and State government notifications regarding the relevant financial year. The Single Judge directed issuance of fresh certificates and reconsideration of candidature. Before the Supreme Court, the appellants argued that any errors in certificates issued by State authorities should not prejudice candidates, especially when they had demonstrated eligibility. The Court analyzed the advertisement terms, noting certificates had to be submitted by the last application date and relate to the appropriate financial year. It determined that valid certificates must cover financial year 2020-2021 and be dated between April 1, 2021 and January 5, 2022. The Court found the High Court correctly identified ambiguity in the State's guidelines and properly exercised discretion in directing fresh certification. The Supreme Court upheld the High Court's judgment, affirming that candidates should not suffer due to administrative confusion in certificate requirements.

Headnote

A) Administrative Law - Public Employment - EWS Certificate Validity - Uttar Pradesh Subordinate Service Selection Commission Advertisement - Dispute regarding validity of EWS certificates submitted by candidates for Health Worker posts - Court analyzed advertisement terms requiring certificates to be issued till last date of application - Held that certificates must relate to financial year 2020-2021 and be dated between 01.04.2021 and 05.01.2022 to be valid - Found confusion in advertisement language justified High Court's intervention (Paras 3-7).

B) Constitutional Law - Reservation - Economically Weaker Section Category - Government Notifications and Orders - Candidates applied under EWS category with certificates containing discrepancies in financial year references - Court examined Central Government O.M. dated 17.01.2019 and State Government Order dated 18.02.2019 - Noted confusion between 'financial year prior to year of application' and 'year prior to year of applying for reservation' - Held that errors in certificates due to State's ambiguous guidelines should not prejudice candidates (Paras 9-12).

C) Civil Procedure - Writ Jurisdiction - High Court's Discretionary Power - Code of Civil Procedure, 1908 - High Court directed Tehsildar to issue fresh EWS certificates correctly indicating income for period 2021-22 based on documents from financial year 2020-2021 - Supreme Court examined whether this direction was appropriate - Held that High Court properly exercised discretion given confusion in advertisement and certificates issued by State authorities - Upheld direction for fresh consideration of candidature (Paras 12-13).

Issue of Consideration: Whether the appellants' EWS certificates were valid under the advertisement terms and whether the High Court's direction for issuance of fresh certificates was justified

Final Decision

Supreme Court upheld High Court's judgment and direction for fresh EWS certificate issuance and reconsideration of candidature

2026 LawText (SC) (04) 38

Civil Appeal Nos. of 2026 arising out of SLP (C) Nos. 4001-4002/2023, SLP(C) No. 20256/2023 & SLP(C) Nos. 22042-22043/2023

2026-04-10

Manoj Misra J. , Manoj Misra, J.

2026 INSC 351

Poonam Dwivedi & Ors.

State of U.P. & Ors.

Nature of Litigation: Civil appeals challenging High Court judgment regarding validity of EWS certificates in recruitment process

Remedy Sought

Appellants sought consideration of their candidature under EWS category for Health Worker posts

Filing Reason

Appellants' names did not appear in select list despite scoring higher marks than last selected EWS candidate

Previous Decisions

High Court Single Judge directed issuance of fresh EWS certificates and reconsideration of candidature; Division Bench upheld this decision

Issues

Validity of EWS certificates submitted by appellants under advertisement terms Appropriateness of High Court's direction for fresh certificate issuance

Submissions/Arguments

Appellants argued errors in certificates due to State's ambiguous guidelines should not prejudice candidates Respondents contended certificates were invalid as they did not properly reflect required financial year

Ratio Decidendi

EWS certificates must relate to financial year 2020-2021 and be dated between 01.04.2021 and 05.01.2022 to be valid under advertisement terms; candidates should not suffer due to administrative confusion in certificate requirements

Judgment Excerpts

"The candidates seeking reservation/relaxation in age limit, will have to submit a caste certificate/ reservation certificate, which has been issued till the last date of application or last date of advertisement" "It is certified that Shri/Smt/Kumari..... is a member of economically weaker section because the total income of his family is below Rs. 8,00,000/-" "confusion was created by different descriptions of the year of which the income-certificate had to be obtained"

Procedural History

Advertisement issued on 15.12.2021; applications submitted by 05.01.2022; written test held on 08.05.2022; select list declared on 06.08.2022; writ petitions filed before High Court; Single Judge order dated 19.10.2022; Special Appeals filed; High Court judgment dated 09.01.2023; SLPs filed before Supreme Court; appeals heard and decided

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