Delhi High Court
Nitesh Kandwal vs Union Of India & Anr. on 5 February, 2021
$~Suppl.-27
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P. (C) 1533/2021
NITESH KANDWAL .....Petitioner
Through: Ms. Rajeshwari H., Advocate.
Versus
UNION OF INDIA & ANR. .....Respondents
Through: Ms. Saroj Bidawat, Advocate for
UOI.
% Date of Decision: 05th February, 2021
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MS. JUSTICE ASHA MENON
JUDGMENT
MANMOHAN, J (Oral):
CM APPL. 4399/2021 (for exemption)
Allowed, subject to all just exceptions.
Accordingly, present application stands disposed of.
W.P. (C) 1533/2021
1. Present appeal has been filed seeking a direction to the respondents
to consider the candidature of the petitioner in the EWS category and
allow the Petitioner to submit his correct EWS certificates within a span
of six weeks from the date of order.
2. Learned counsel for the petitioner states that candidates were
required to upload their Income & Asset Certificate earlier than 1st
August, 2019 in the prescribed format at the time of submission of online
Detailed Application Form (DAF). She further states that the petitioner's
EWS Certificate was issued on 04th November 2019, and hence the
respondent No.2 treated petitioner as a General Category candidate.
3. She emphasises that the petitioner belongs to a small district in
Uttarakhand where the concerned authorities were not aware about the
procedure to be followed for issuing the requisite EWS certificates, it
being a new concept, and there were administrative difficulties and
resultantly petitioner was unable to obtain the said EWS certificates,
before the prescribed date i.e. 1st August, 2019 and the same was issued
on 04th November, 2019 - before the date of submission of Detailed
Admission Form which was 14th November, 2019.
3. Learned counsel for petitioner relies on the order passed in UPSC
vs. Saumya Pandey & Ors., WP(C) 1158/2020 where this Court had
upheld the decision of Central Administrative Tribunal (for short
'Tribunal'), wherein the Tribunal had directed the UPSC to consider the
EWS certificates till the last date of submitting Detailed Application
Form which is 14th November 2019, in the present matter.
4. However, a perusal of the writ petition reveals that the
Authorization officer/Tehsildar has committed a mistake even in the
Certificate dated 04th November, 2019 and therefore, the petitioner is
seeking six weeks time from the date of order to furnish the correct EWS
Certificate.
5. From the aforesaid, it is apparent that the petitioner is admittedly
not in possession of the correct EWS Certificate even today.
Consequently, even if the benefit of the extended time till 14th November,
2019 is given to the petitioner to furnish the requisite EWS Certificate in
accordance with the order passed in UPSC vs. Saumya Pandey & Ors.,
WP(C) 1158/2020, the petitioner would still not be entitled to any relief.
6. Accordingly, the present writ petition is dismissed.
MANMOHAN, J
ASHA MENON, J
FEBRUARY 05, 2021
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