SC grants Interim Relief to EWS Candidate, orders UPSC to Allow Personality Test

SC grants Interim Relief to EWS Candidate, orders UPSC to Allow Personality Test

Recently, the Supreme Court provided interim relief to an applicant who was denied the opportunity to attend an interview by the Union Public Service Commission due to their rejection of his Economically Weaker Section (EWS) category certificate. In response, the Court issued a notice to UPSC and directed them to grant the petitioner to participate in the personality test for the UPSC ESE (Engineering Services Examination) 2022. As the case progresses, the candidate's results will remain confidential until the next hearing scheduled for November 20.

The bench comprising Justices Hima Kohli and Justice Ahsanuddin Amanullah was hearing a writ Petition under Article 32 of the Constitution of India challenging the rejection of the petitioner's candidature by UPSC over the EWS category certificate.

The case is regarding the eligibility of a candidate from the Economically Weaker Sections (EWS) category for the UPSC Engineering Services Examination (ESE) 2022.

Case Brief -

The petitioner submitted their application for the ESE 2022 in accordance with the examination notice released on September 14, 2022. The notice explicitly stated that applicants in the EWS category were required to furnish an Income and Asset Certificate issued by the designated authority by the application deadline, which was October 4, 2022.

The petitioner, falling under the EWS category, asserted that they had applied well in advance of the deadline. They had provided an online Income and Asset Certificate, dated February 4, 2022, covering the financial year 2020-2021. Following the successful completion of the preliminary examination, the petitioner proceeded to participate in the main examination, which took place on June 25, 2023.

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. This certificate was duly submitted with the Detailed Application Form and uploaded on August 18, 2023.

However, the petitioner received a setback when UPSC declined to include his name for the personality test, citing a letter dated September 18, 2023. According to UPSC, the petitioner had submitted the Income and Asset Certificate dated February 7, 2023, and August 16, 2023, after the closing date of the online application for ESE 2023, which was set for October 4, 2022.

Case title: Surendra Kumar Choubey V/S UPSC

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