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

Mr. Rohan Kumar, a resident of a small town named Shantinagar, recently applied for an Economically Weaker Section (EWS) certificate to avail of reservation benefits in an upcoming government examination. He met all the criteria as his father, Mr. Anil Kumar, does not own any property. However, his application was unexpectedly rejected by the local Tehsildar’s office. The rejection order cited a peculiar reason: Rohan’s paternal grandmother, Mrs. Geeta Devi, owns a residential house, and the Tehsildar concluded that Rohan would eventually inherit a share of this property, which would push him beyond the EWS threshold.

Rohan was perplexed. He knew that the official government memorandum and frequently asked questions (FAQs) on EWS criteria explicitly state that the property of grandparents is not to be clubbed with the applicant’s family assets. The rejection was based on a future, hypothetical event—inheritance—which is not a valid ground for determining current economic status. This arbitrary decision by the administrative officer put Rohan’s career aspirations in jeopardy, leaving him to wonder about the legal recourse available against such a wrongful rejection.

Advice in such cases

Facing a wrongful rejection of an essential certificate like EWS can be disheartening. It is crucial to act systematically and not lose hope. Here are the steps you should consider:

• Review the Rejection Order: Carefully read the official order of rejection. Understand the exact reason provided by the authority. This written reason is the foundation of your legal challenge.
• Gather All Documents: Collect all relevant paperwork, including your original application, all supporting documents you submitted, the official EWS criteria memorandum, and the rejection letter.
• Do Not Argue Verbally: Avoid getting into verbal altercations with the officials at the Tehsildar’s office. All communication should preferably be in writing to create a paper trail.
• Understand the Hierarchy: Find out if there is an appellate authority you can appeal to, for instance, the Sub-Divisional Magistrate (SDM) or the District Magistrate (DM). An appeal is often a quicker and less expensive first step.
• 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

This issue is primarily governed by administrative law and constitutional principles rather than criminal statutes like the Bharatiya Nyaya Sanhita (BNS). The key legal provisions are:

• Government of India Office Memorandum (O.M.) on EWS Reservation: The primary document is the O.M. No. 36039/1/2019-Estt (Res) dated 31.01.2019 issued by the Department of Personnel and Training (DoPT). This memorandum clearly defines what constitutes “family” and what assets are to be included for the EWS criteria. It specifies that the property of grandparents is not to be included.
• Article 14 of the Constitution of India: This article guarantees equality before the law. The Tehsildar’s action of applying a non-existent rule (future inheritance) is arbitrary and violates this principle.
• Article 16 of the Constitution of India: This guarantees equality of opportunity in matters of public employment. The wrongful denial of an EWS certificate directly infringes upon this right.
• Article 226 of the Constitution of India: This empowers the High Courts to issue writs, including the writ of Certiorari (to quash the illegal order of the Tehsildar) and Mandamus (to command the authority to issue the certificate). This is the most potent remedy if an appeal is not fruitful or available.

If you are the complainant

If your application has been unjustly rejected and you are the complainant (the applicant), you must take a proactive legal stance.

• Send a Legal Notice: Your lawyer can draft and send a detailed Legal Notice to the concerned Tehsildar and the District Magistrate. The notice will outline the facts, cite the relevant rules and case law, and demand the withdrawal of the rejection order and issuance of the certificate within a stipulated time.
• File an Appeal: If there is a provision for an appeal to a higher administrative authority (like the SDM or DM), it should be your first course of action. This is often a faster and more cost-effective remedy.
• File a Writ Petition: If the appeal fails or if there is no provision for an appeal, the next step is to file a writ petition before the jurisdictional High Court under Article 226 of the Constitution. The court can review the administrative action and, if found illegal, quash the rejection order and direct the authority to issue the EWS certificate.
• 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

As a victim of arbitrary administrative action, it’s natural to feel powerless. However, the law provides a clear path to justice.

• Document Everything: Keep a record of every interaction, every document submitted, and every communication received. This documentation is your power.
• Act Swiftly: Do not delay. There are often time limits for filing appeals and writ petitions. Procrastination can harm your case.
• Seek Interim Relief: When filing a writ petition, your lawyer can request the High Court for interim relief. For example, the court could direct the authorities to provisionally accept your application for a job or admission, subject to the final outcome of the petition. This ensures you don’t miss out on opportunities while the case is pending.
• 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

It is important to understand that the police have absolutely no role in matters concerning the issuance or rejection of administrative certificates like the EWS certificate. This is a purely civil/administrative matter between you and the revenue/administrative department of the government. Involving the police would be inappropriate and futile. The dispute is not criminal in nature, and therefore, provisions of the Bharatiya Nagarik Suraksha Sanhita (BNSS) or Bharatiya Nyaya Sanhita (BNS) do not apply.

FAQs people normally have

Here are some frequently asked questions in such situations:

What evidence is required?

To successfully challenge the rejection, you will need solid evidence. The key documents are:

• The official rejection letter from the Tehsildar’s office, clearly stating the reason for rejection.
• A copy of your filled EWS application form and all the annexures you submitted.
• An affidavit from you and your father stating that he does not own any property that exceeds the EWS criteria.
• Property documents (e.g., land records, registry) showing that the house is in your grandmother’s name, not your father’s.
• A copy of the Government of India’s Office Memorandum and FAQs on EWS reservation, which you can download from the DoPT website.
• Your identity and address proofs (Aadhaar Card, etc.).

How long will the investigation take?

Since this is not a criminal case, there is no “investigation” by the police. The process is a legal challenge to an administrative decision. The timeline can vary:

• Appeal to a Higher Authority: An appeal to the SDM or DM may be decided within a few weeks to a couple of months.
• Writ Petition in High Court: The duration for a final decision in a writ petition can range from several months to over a year, depending on the High Court’s workload. However, the crucial aspect is that your lawyer can press for an early hearing and seek interim orders, which can be granted within a few hearings. This interim order can allow you to proceed with your applications while the case is decided on its merits.

Advocate Sudhir Rao, Supreme Court of India