EWS Members Face Economic Hardship, Different From Caste Discrimination: Madhya Pradesh HC Rejects Age Relaxation Plea For EWS In UPSC Exam

In its earlier order dated February 14, the Court had passed an interim order permitting the EWS category candidates to fill the form and had directed the UPSC to extend the age relaxation benefit to them, in view of the fact that the form submission window was closing on February 18.

A division bench of Chief Justice Suresh Kumar Kait and Justice Vivek Jain observed, “In our considered opinion, the petitioners have failed to make out any case to issue a writ of mandamus to grant age relaxation to the members of EWS category at par with SEBCs (Socially and Educationally Backward Classes). The executive instructions of the State and the Central Government cannot be interfered with only on the ground that such concessions and relaxations have been extended to SEBCs i.e. SC/ST/OBC categories, but not extended to EWS categories. Therefore, no grounds are made out to interfere in the impugned executive instructions of the Central Government or the State Government of Madhya Pradesh, whereby no age relaxation to members of EWS category has been carved out by the State by exercising its power under Articles 15(6) and 16(6) of the Constitution of India.”

Caste not variable but economic indicators can change

The court opined that while caste is not a variable factor, on the other hand economic indicators are greatly variable. It observed that Economic condition can vary from year to year or decade to decade or from generation to generation; it may improve or get worse drastically in a short span of time.

"A person claiming EWS benefits on account of economic deprivation cannot be said to have faced discrimination on the basis of the caste, which unfortunately, in a casteist society, casts stigma by birth and can never be changed by the person. Therefore, economically deprived classes, i.e. EWS category stands on a different footing from SC/ST/OBC categories, which were discriminated on the basis of caste," the court underscored. 

Background

The court was hearing a batch of petitions filed by the EWS category candidates for grant of age relaxation and number of attempts in the UPSC CSE Examination. The petition involves two distinct issues. The first issue is regarding non-grant of relaxation in the matter of age limit and number of attempts to the candidates belonging to EWS category in the matter of public employment as well as the State Government. The second issue related to non-grant of relaxations to State OBCs in the matter of employment under the Union when they compete under EWS category only because otherwise no such relaxations are allowed to EWS and such relaxations being restricted only to the central list OBCs.

Findings

EWS category faces economic deprivation not the same as caste discrimination

The Court referred to provisions of law and certain Supreme Court judgments and opined that the constitutional scheme envisages EWS category as a class different from Socially and Educationally Backward Classes (SEBCs used here as a general term covering SC, ST and OBCs), which are a different class and the relaxations enjoyed by SC/ST/OBC cannot be automatically claimed by EWS category candidates.

“The handicaps and deprivations faced by EWS category candidates are in the matter of economic deprivation only, which is different from the deprivations and handicaps faced by socially and educationally backward candidates, which have borne the brunt of social discrimination and ostracism in the past for the sole reason of birth in a particular caste. Caste is not a variable and cannot be changed and a person born in socially and educationally backward class in a casteist society, cannot get rid of his caste and cannot get rid of the deprivations faced by him at any point of time…”, the Court observed.

The Court opined that a person claiming EWS benefits on account of economic deprivation cannot be said to have faced discrimination on the basis of the caste. Therefore, economically deprived classes, i.e. EWS category stands on a different footing from SC/ST/OBC categories, which were discriminated on the basis of caste.

Can't direct State to give EWS relaxation unless hostile discrimination is proved

It said that the State Government as well as the Central Government while issuing the executive instructions in terms with 103rd amendment of the Constitution of India, in their wisdom, have not provided relaxations and concessions to EWS categories in the matter of age limit. The constitutional Courts in judicial review cannot direct the State to provide reservation or relaxation, unless there is hostile discrimination, it added.

It further said that it cannot lose sight of the fact that as the age limit and number of attempts for OBC and SC/ST categories is higher, therefore, there are naturally there will be more number of applicants. However, the court underscored, it is for the Government to take a decision that a level playing field has not yet been created for EWS candidates for which concessions are required to be given. 

Caste notified in Central/State list would get reservation

With regard to the second issue, the Court said, “The reservations and relaxations/Concessions to Other Backward Classes in Central and State lists are under enabling provisions of Articles 15 and 16 of the Constitution. The argument that once a caste or community has been notified by the State Government though it does not figure in the Central List, then also it would be deemed to be OBC for the purpose of relaxations / concessions. Such a proposition which cannot be accepted as such an interpretation would run counter to Article 342-A and 366 (26C) of the Constitution. The aforesaid Articles cannot be interpreted in the manner that for the purpose of providing reservation the said lists are distinct and separate but for the purpose of providing relaxations / concessions the said lists would provide a common set of communities. Once a particular caste or community is notified in the Central List for the purpose of Central Government only those castes or communities will remain for the purpose of reservation and concessions in services under the Union and the castes or communities notified by the State Government for their own purpose only would claim reservations or concessions for services or admission to institutions under the control of State Government.”

Thus, the Court clarified that once the particular caste or community is not recognized as OBC for the purpose of Central Government then there will be no question to claim concession or reservation under the Central Government emerging from Articles 15 and 16 of the Constitution of India.

“Consequently, the contention of learned senior counsel for the petitioners claiming relaxation in the number of attempts to those castes or communities who figure in the State list of OBC but not in the Central List for the purpose of CSE- 2024 and CSE-2025 examination conducted by UPSC, holds no force and is hereby discarded.”, the Court said.

The petition was hence, dismissed.

Case Title: Aaditya Narayan Pandey Vs. Union Of India And Others, Writ Petition No. 14695 Of 2024

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