If you are stuck in such a situation, here is what to do.

A young student, let’s call him Rohan, finds himself in a predicament. He has secured an Economically Weaker Section (EWS) certificate and is aspiring for admission into the prestigious National University of Arts and Sciences (NUAS). His family’s annual income is well below the ₹8 lakh threshold, at less than ₹2 lakh per year. However, he is worried about his family’s property holdings and whether they might disqualify him, potentially jeopardizing his entire academic career if the certificate is found to be invalid.

Rohan’s family, including his father and uncles, resides on a large tract of agricultural land, approximately 5 acres, located in a rural area. This land is registered in his grandfather’s name. The family lives in a two-storey house built by Rohan’s father on this ancestral property. Additionally, his father recently purchased a small residential plot of about 900 square feet, which has a single-storey house on it, in a small town that is not a notified municipal area. With the university application deadline approaching, Rohan is anxious and unsure whether to use his EWS certificate or apply under the general category to be safe.

Advice in such cases

Understanding the EWS criteria is key to resolving such dilemmas. The eligibility for an EWS certificate is based on both income and asset tests. Here’s a breakdown:

• Income Test: The gross annual income of the ‘family’ from all sources must be below ₹8 lakh. Rohan’s family, with an income under ₹2 lakh, clearly meets this criterion.
• Asset Test: The family must not own or possess any of the following assets:
  • 5 acres of agricultural land and above.
  • A residential flat of 1000 sq. ft. and above.
  • A residential plot of 100 sq. yards and above in notified municipalities.
  • A residential plot of 200 sq. yards and above in areas other than notified municipalities.
• Definition of ‘Family’: For EWS purposes, ‘family’ includes the person seeking the benefit, their parents, siblings below the age of 18, their spouse, and children below the age of 18.
• Analysis of Rohan’s Case: The 5 acres of agricultural land is in his grandfather’s name. Since grandparents are not included in the definition of ‘family’, this property would generally not be counted against Rohan’s eligibility unless it has been formally transferred to his parents. The residential plot owned by his father is approximately 900 sq. ft. (around 100 sq. yards) and is in a non-notified area. The limit for such areas is 200 sq. yards, so this property also does not seem to disqualify him.
• Consult with Lawyer: Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

The legal framework for EWS reservation is rooted in the Constitution and subsequent government notifications.

• The Constitution (103rd Amendment) Act, 2019: This amendment introduced provisions for reservation for the Economically Weaker Sections of society in educational institutions and public employment.
• Article 15(6) and Article 16(6) of the Constitution of India: These articles empower the state to make special provisions for the advancement of any economically weaker sections of citizens.
• Department of Personnel and Training (DoPT) Memorandums: The Government of India, through the DoPT, has issued various Office Memorandums that detail the criteria, definitions, and procedures for issuing and verifying Income and Asset Certificates for the EWS category. These are the guiding documents for all issuing authorities.

If you are the complainant

If you believe someone has obtained an EWS certificate fraudulently and wish to file a complaint, you should take the following steps:

• Gather credible evidence that the person’s family income or assets exceed the prescribed limits. This can include property records, ITRs, or other financial documents.
• Draft a formal complaint with all the supporting evidence.
• Submit the complaint to the authority that issued the certificate, such as the District Magistrate, Tehsildar, or Sub-Divisional Magistrate.
• The authority is obligated to conduct a verification process to ascertain the facts.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

If you are in a situation like Rohan’s, where your EWS eligibility is under scrutiny or you are worried about it being challenged, here is what you should do:

• Organize all your documents that prove your eligibility. This includes your family’s income proofs, property papers (sale deeds, land records), and affidavits.
• Pay close attention to the official definition of ‘family’ and whose assets are legally considered. Ensure that properties belonging to extended family members like grandparents or uncles are not wrongly attributed to your immediate family unit.
• If an inquiry is initiated, cooperate fully and provide a clear, written explanation supported by your documents.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

The police do not typically get involved in the initial verification of EWS certificates, as this is a civil and administrative matter handled by revenue authorities. However, police intervention can occur if a criminal complaint is filed. This usually happens if there are allegations of using forged documents or deliberate cheating to obtain the certificate. If an FIR is registered, for instance, under Section 318 of the Bharatiya Nyaya Sanhita (BNS) for cheating, the police will conduct an investigation. Their role would be to collect evidence, record statements, and verify the authenticity of documents, often in coordination with the revenue department. The primary investigation, however, remains with the certificate-issuing civil authority.

FAQs people normally have

What evidence is required?

To prove EWS eligibility or to defend it during an inquiry, the following documents are crucial:

• The issued Income and Asset Certificate (EWS Certificate).
• Identity proofs like Aadhaar Card, PAN Card, and Voter ID.
• Income proof for the family, such as salary slips, Form 16, Income Tax Returns, or an income certificate from the relevant state authority.
• Property documents, including sale deeds, land records (like Khasra/Khatauni), and property tax receipts to establish the size and location of holdings.
• An affidavit declaring that the family’s income and assets are within the prescribed limits.
• Bank account statements for family members.

How long will the investigation take?

The duration of an investigation into the validity of an EWS certificate can vary significantly. A routine verification by the issuing authority or an educational institution might take a few weeks to a couple of months. However, if a formal complaint is filed and it leads to a detailed inquiry or a legal challenge in court, the process can become much longer, potentially lasting several months or even years. The complexity of the case and the cooperation of the parties involved are major factors in the timeline.

Advocate Sudhir Rao, Supreme Court of India