The Supreme Court has granted interim relief to a candidate who was initially not allowed to appear for an interview by the Union Public Service Commission (UPSC). The UPSC did not accept his Economically Weaker Section (EWS) category certificate and rejected his candidature. The Court has issued a notice to the UPSC and directed it to allow the petitioner to appear for the personality test of UPSC ESE (Engineering Services Examination) 2022. Meanwhile, his results shall be kept in a sealed cover until the next date of hearing, which is November 20.
A writ suit under Article 32 of the Indian Constitution was being heard by the bench of Justices Hima Kohli and Ahsanuddin Amanullah. The petitioner was contesting the UPSC’s denial of her candidature on the grounds that she did not possess an EWS category certificate. The dispute concerns a candidate’s eligibility for the UPSC Engineering Services Examination (ESE) 2022 who falls under the Economically Weaker Sections (EWS) category.
The petitioner had applied for ESE 2022 following the examination notice issued on September 14, 2022. The notice stipulated that by the application deadline of October 4, 2022, candidates seeking to be considered for the EWS category must have an Income and Asset Certificate issued by the prescribed body. The petitioner, who belongs to the EWS category, claimed to have applied well before the deadline. He submitted an online Income and Asset Certificate issued on February 4, 2022, for the financial year 2020-2021. On June 25, 2023, he showed up for the main exam after passing the preliminary exam. Upon the declaration of results, the petitioner was found to be successful and obtained an Income and Asset Certificate dated August 16, 2023, for the financial year 2021-2022. On August 18, 2023, this certificate was properly posted along with the Detailed Application Form.
The petitioner was dealt a blow, nevertheless, when UPSC refused to add his name to the
personality test, citing a letter that was sent on September 18, 2023. In Surendra Kumar Choubey
v. UPSC, the petitioner allegedly filed the Income and Asset Certificate dated February 7, 2023,
and August 16, 2023, after the online application for ESE 2023 closed on October 4, 2022.
Written by N.Yogendra Mani of KL University Vijayawada Andhra Pradesh ( 5th semester) an intern under Legal Vidhiya
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