New Delhi [India], April 28 : The Delhi Government informed the High Court on Monday that the issuance of Economically Weaker Sections (EWS) certificates has resumed, following a temporary halt due to irregularities in their distribution to ineligible applicants.
To safeguard fairness and transparency, the government recently issued a circular directing authorities to uphold the highest standards of integrity, impartiality, and diligence in the certification process. It also warned that any lapses or negligence would be taken seriously and could result in disciplinary action.
This declaration came in response to a plea challenging the earlier suspension of EWS certificate issuance in the national capital.
Justice Sachin Datta's bench disposed of the matter while granting the petitioner the liberty to participate in the recruitment process, with the provision that the EWS certificate could be submitted at a later stage.
The plea was filed by Aditya Shukla, a practising advocate from the EWS category and an aspirant for the post of Assistant Public Prosecutor. Represented by Advocate Ashu Bidhuri, Shukla argued that he had duly applied for an EWS certificate to avail reservation benefits in an ongoing recruitment process conducted by the Union Public Service Commission (UPSC).
The recruitment includes six reserved vacancies for EWS candidates out of a total of 66 openings for Assistant Public Prosecutor positions. However, after a meeting on April 9, 2025, the Government of NCT of Delhi issued a directive indefinitely suspending the issuance of all EWS certificates. The plea contended that this decision, made without statutory notification, legal justification, or a transparent procedure, was based on concerns over possible misuse or irregularities. Consequently, Shukla and other eligible applicants were denied access to a constitutionally guaranteed benefit under Articles 15(6) and 16(6) of the Constitution.
The petition argues that this directive, lacking formal legal sanction, amounts to an unjustified prohibition of a welfare measure enacted by Parliament, thereby violating the principle of separation of powers. It further asserts that such executive overreach undermines the intent of the Constitution (One Hundred and Third Amendment) Act, 2019, infringing upon the petitioner's fundamental rights under Articles 14, 16, 19(1)(g), and 21. Advocate Bidhuri emphasized that the petitioner had exhausted all available remedies, having submitted detailed representations to various authorities, including the Chief Minister and Lieutenant Governor of Delhi, but no action had been taken. The competent authority, the Sub-Divisional Magistrate (SDM), refused to process his application, citing the general directive and thereby failing to fulfill its statutory duty.
The petition raises critical legal and constitutional concerns regarding the alleged arbitrary suspension of a statutory right without due process. It seeks immediate judicial intervention to quash the executive directive halting EWS certificate issuance and requests a court order directing authorities to provide the petitioner with a valid certificate in a time-bound manner, ensuring his eligibility for the reserved post.