| Headnote |
Issue for consideration: What is the eligibility criterion for a candidate to stake a valid claim under the Economically Weaker Section (EWS) Category as per the Civil Services Examination Rules, 2022 r/w OM dtd.19.01.2019 and 31.01.2019; was the UPSC justified in prescribing the cut-off date for possession and for uploading of the I&AC certificates in the prescribed format to stake a valid claim under the EWS category; are the CSE-Rules 2022 enforceable in law; are rr. 13, 27(3) and 28 of the CSE-Rules 2022 constitutionally valid; was the UPSC justified in rejecting the claim of the petitioners for consideration under the EWS category? Civil Services Examination Rules, 2022 – rr.13, 27, 28 – Prescriptions as to eligibility for Economically Weaker Section (EWS) category candidates – Non-fulfillment of – As per Office Memoranda dtd. 19.01.2019 & 31.01.2019 r/w rr.27, 28, CSE2022 Rules, for claiming reservation under EWS category, the Income & Asset Certificate (I&AC) must be as per the prescribed norms and in possession of the candidate on or before the cut-off date – Petitioners did not possess the valid documentation determining their eligibility before the prescribed cut-off date, were denied the benefit of reservation of the EWS category by the Union Public Service Commission (UPSC) for the 2022 Civil Services Examination – Propriety: Held: Candidates claiming benefit of EWS Category for the purpose of CSE-2022, acquired eligibility only if they met the criterion prescribed in the O.M. dtd.19.01.19 and 31.01.19 and were in possession of the required I&AC, based on the income for the year 2020-21 – Further, as required u/r.28 r/w the aforesaid O.Ms, the candidate should have been in possession of the I&AC as on 22.02.2022 – Any candidate not in possession of the I&AC in the prescribed format could not claim the benefit of EWS Category – Equally, as required u/r.13 at the stage of Detailed Application Form–I (DAF-I), the document in possession as on 22.02.2022 in the prescribed format, had to be submitted online before the prescribed date – UPSC strictly acted in accordance with the mandate of r.13 r/w/ rr.27 & 28 – They had an obligation to scrutinize the forms as uploaded with DAF-I – rr.13, 27 & 28 are to be r/w the Office Memoranda of 19.01.2019 & 31.01.2019 especially clause 5 of the Office Memorandum of 31.01.2019 – UPSC justified in rejecting the candidature of the candidates who submitted their I&AC beyond the stipulated deadline and rejecting their claim for consideration under the EWS Category in CSE-2022 – Case of the Petitioners in Writ Petition (C) Nos.705 and 764 fails additionally, for being directly covered by the judgment of the Supreme Court in Union Public Service Commission vs. Gaurav Singh & Ors. in C.A. No.4152 of 2022. [Paras 74, 86 (i)] Civil Services Examination Rules, 2022 – Benefits under the EWS Category – Cut-off date for eligibility prescribed – Justification: Held: The UPSC was justified in prescribing the cut-off date for possession and for uploading of the I&AC in the prescribed format for claimants claiming benefits under the EWS Category – This flows from the O.M. dtd. 19.01.2019 & 31.01.2019 r/w rr.13, 27(3) and 28 of the CSE-Rules, 2022 and the long line of judgments in which principles for prescription of cut-off for eligibility are laid down – Service Law. [Para 86 (ii)] Civil Services Examination Rules, 2022 – Validity: Held: The CSE-2022 Rules have the force of an enforceable law – They are traceable to the All India Services Act, 1951 r/w the Indian Administrative Service (Recruitment) Rules, 1954 r/w the Indian Administrative Service (Appointment by Competitive Examination) Regulations, 1955 and all this r/w Article 73 of the Constitution of India – The CSE Rules do not in any manner supplant any of the provisions of the All India Service Act or the IAS Recruitment Rules or the IAS (Appointment by Competitive Examination) Regulations – They only supplement them – While the manner of conduct of examinations is clearly traceable to Regulation 3, it is untenable to say that since Regulation 4 in the conditions of eligibility does not prescribe EWS category and EWS certification and hence they do not qualify as part of eligibility – The EWS category itself came in 2019 – If this contention was to be right, then there could be no EWS category at all in CSE-2022 – Hence, the contention that rr.13, 27 and 28 of the CSE-Rules, 2022 cannot be given a status of rules cannot be countenanced – Additionally, these are rules traceable to the executive power of the Union which are duly traceable to Article 73 – These rules are duly gazetted and are set out well before the selection process begins and candidates are put to notice before the commencement of the process – It is too late in the day to contend that these rules have no sanctity or the force of an enforceable law– All India Services Act, 1951 – Indian Administrative Service (Recruitment) Rules, 1954 – Indian Administrative Service (Appointment by Competitive Examination) Regulations, 1955 – Constitution of India – Article 73. [Paras 49, 50, 86(iii)] Civil Services Examination Rules, 2022 – rr.13, 27(3) and 28 – Plea to declare the said Rules to be ultra vires Article 14 to the extent it prescribes that candidate must be in possession of a EWS certificate as on the closing date of the application for preliminary examination: Held: Rejected – There is no case made out to show that the cut-off of 22.02.2022 was picked out of the hat – That was the last date for submission of the application and it was a validly prescribed cut-off – Where there is absence of any rule or absence of any prescription, the last day for fulfilling the eligibility is the last date of submission of the application – This is a judicially recognized default date – In this case the last date for filing of the application was prescribed as the cut-off in the Rules – rr.13, 27(3) and 28 are constitutionally valid – Constitution of India – Article 14 – Service Law. [Paras 61, 86(iv)] Civil Services Examination Rules, 2022 – r.13 – Petitioners argued that being from the “EWS” category is a status and thus, the Income and Asset Certificate (I&AC) to be produced was only a proof and could have been produced at any stage: Held: Such argument cannot be accepted in the teeth of the clear prescription in the Office Memoranda r/w the CSE-2022 Rules – Further, as required u/r.13, at the stage of Detailed Application Form–I (DAF-I), the document had to be submitted on-line beforethe prescribed date (for CSE-2022, the date was 15.07.2022) and that any delay in submission of DAF-I or document beyond the prescribed date was not allowed – These clear stipulations run counter to the submissions that on the rectification of a certificate it relates back to the date of the certificate. [Para 41] Service Law – Appointment/Recruitment/Selection – Date on which the eligibility should be possessed: Held: If there are relevant rules which prescribe the date on which the eligibility should be possessed, those rules will prevail – In the absence of rules or any other date prescribed in the prospectus/ advertisement for determining the eligibility, there is a judicial chorus holding that it would be the last date for submission of the application – Civil Services Examination Rules, 2022. [Para 46] Service Law – Appointment/Recruitment/Selection – Selective Relaxation – Impermissibility: Held: Determination of eligibility cannot be left uncertain till the final stages of selection, since that would lead to uncertainty – Further, if rules prescribe the last date on which eligibility should be possessed, any relaxation would prejudice non-applicants who for want of possession of eligibility would not have applied – Relaxation would then be selective, leading to discrimination – In the present case, rules clearly exist in the form of CSE-2022 – As is clear from r.13, by 15.07.2022, the certificates disclosing eligibility had to be uploaded with Detailed Application Form–I (DAF-I) and it was expressly stipulated that delayed submission of the DAF-I or documents in support will not be allowed – Further, much water has also flown under the bridge – The UPSC has made the cadre allocations and the EWS candidates against the 298 vacancies have also been allotted their respective cadres – Accepting the contention of the petitioners would also result in administrative chaos and will prolong the selection process indefinitely – It is legally not permissible and administratively not feasible for the UPSC – Civil Services Examination Rules, 2022 – r.13 . [Paras 51-53] Service Law – Appointment/Recruitment/Selection – Decision of the Selecting Body – Interference with – Impermissible – Petitioners argued that with regard to four candidates there was relaxation inasmuch as they were allowed to rectify the defects in the EWS and I&AC:Held: UPSC considered these omissions as trivial and as not going to the root of the eligibility, unlike in the case of the petitioners herein – In the present case, it did not consider the defects as insignificant – Thus, this Court has no option but to reject the writ petitions of all the petitioners – Neither the Office Memorandum nor the rules in question can be construed as directory – They clearly prescribe the eligibility criterion, the date before which the certificate should be possessed and submitted – They also prescribe the consequence for the omission – The petitioners who did not possess the valid documentation determining their eligibility, before the prescribed cut-off date, cannot complain, if their claim for categorization as EWS was rejected – UPSC justified in denying the petitioners the benefit of categorization as EWS candidates – Civil Services Examination Rules, 2022. [Paras 74, 78, 80 and 81] Constitution of India – Article 142 – Power under – When not to be exercised – Petitioners contended that in the event of this Court upholding the Rules and the action of the UPSC, it should exercise its power u/Article 142 and to do complete justice, the Petitioners should be treated as an EWS category Candidate: Held: Petitioners cannot be granted refuge u/Article 142 – In the present case, by the rightful application of the OM and the CSERules 2022, complete justice has been done to all – Exercise of power u/Article 142 should be done with great caution and circumspection – The present case is not the one warranting the invocation of that power – Civil Services Examination Rules, 2022. [Para 85] |
