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

A young student, Ajay, finds himself in a dilemma. He has secured an Economically Weaker Section (EWS) certificate and is applying for admission to a prestigious national university. However, he is anxious about the validity of his certificate due to his family’s property holdings and fears that any discrepancy could jeopardize his academic future.

Ajay’s father, Mr. Kumar, along with his brothers, lives on a large tract of ancestral agricultural land in a rural area, which is still registered in their late grandfather’s name. The family’s declared annual income is well below the prescribed limit. Recently, Mr. Kumar purchased a small residential plot with a modest house in a small town area that is not a notified municipality. Ajay is worried that the combined value or size of the ancestral land and the new plot might disqualify his family from the EWS category, potentially rendering his certificate invalid.

Advice in such cases

Understanding the EWS criteria is crucial. The eligibility for an EWS certificate is based on both the annual family income and the assets owned by the family. Here is a breakdown of the key considerations:

• Income Criteria: The gross annual income of the family from all sources (salary, agriculture, business, etc.) must be below ₹8 lakh for the financial year prior to the year of application.
• Asset Criteria: The family should 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.
• Ancestral Property: For jointly held ancestral property, the share of the applicant’s family unit (the applicant, their parents, and siblings below 18 years) is considered. If the family’s share falls within the prescribed limits, they remain eligible.
• Multiple Properties: The assets are considered cumulatively. For instance, if a family owns multiple plots, the area of all plots in the same category (e.g., in non-notified areas) would be clubbed together to determine eligibility.
• Verification: The certificate is issued by a competent authority (like a District Magistrate or Tehsildar) after due verification. However, the admitting institution also has the right to verify the claim. If the information is found to be false, the admission can be cancelled.
• 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 provision for EWS reservation is rooted in the Constitution of India and further detailed in government notifications.

• Article 15(6) and Article 16(6) of the Constitution of India: These articles were added through the 103rd Constitutional Amendment Act, 2019. They empower the State to make special provisions for the advancement of any economically weaker sections of citizens, including reservations in educational institutions and public employment.
• Department of Personnel and Training (DoPT) Notifications: The specific criteria for income and assets for the EWS category are defined by Office Memorandums issued by the central government’s DoPT. State governments may have their own corresponding notifications, which are generally aligned with the central guidelines.
• Bharatiya Nyaya Sanhita, 2023 (BNS): If an EWS certificate is obtained through fraudulent means by furnishing false information, it can lead to criminal proceedings. Provisions related to cheating (Section 318 of BNS) or forgery could be invoked.

If you are the complainant

If you suspect that someone has obtained an EWS certificate fraudulently and taken admission based on it, you can take the following steps:

• Gather Evidence: Collect credible information or documents that contradict the person’s EWS claim, such as proof of higher income or ownership of assets beyond the prescribed limits (e.g., land records, property deeds).
• File a Complaint: Submit a formal written complaint to the authority that issued the EWS certificate (e.g., the Tehsildar’s or District Magistrate’s office). Simultaneously, file a complaint with the Grievance Redressal Cell or the Registrar of the educational institution where the person has secured admission.
• Follow Up: Regularly follow up on your complaint with the concerned authorities to ensure that an inquiry is initiated.
• 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 your EWS certificate is challenged or you receive a notice for verification, it is important to act promptly and strategically.

• Do Not Panic: A verification notice is a standard procedure and does not automatically mean your certificate is invalid.
• Organize Your Documents: Collect all documents that support your EWS eligibility. This includes your family’s income certificates, ITRs (if filed), bank statements, land records (clearly showing the total land and your family’s share), and property documents for any residential plots or flats.
• Prepare a Response: Draft a clear and detailed reply to the notice, addressing each point of the query. Attach self-attested copies of all supporting documents.
• Cooperate with the Inquiry: Fully cooperate with the investigating authority and provide any additional information or clarification they may require.
• 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

Typically, the police do not have a primary role in verifying the eligibility criteria for an EWS certificate. This is an administrative matter handled by revenue officials and the concerned departments. Police involvement is rare and usually only occurs if a formal criminal complaint (FIR) is filed alleging serious offenses like forgery of documents or organized fraud. In such a scenario, the police would investigate the criminal aspect, such as how a fake document was created or submitted, but the verification of income and assets itself remains the domain of the civil administration.

FAQs people normally have

Is ancestral or jointly owned property considered for EWS criteria?

Yes. The term “family” for this purpose includes the person seeking the benefit, their parents, and siblings below the age of 18 years. The assets held by this family unit are considered. In the case of joint property, the share attributable to this family unit is calculated to determine eligibility.

What are the consequences if an EWS certificate is found to be fake or based on false information after admission?

If the certificate is proven to be invalid, the immediate consequence is the cancellation of admission. Additionally, the institution may initiate legal proceedings for submitting false information, which could include filing a criminal complaint for cheating and forgery under the Bharatiya Nyaya Sanhita, 2023. This can lead to fines, imprisonment, and a bar on future government employment or benefits.

Who has the final say on the validity of an EWS certificate?

The issuing authority (e.g., District Magistrate/Tehsildar) has the power to issue and, upon inquiry, cancel the certificate. The institution or employer granting the benefit of reservation also has the right to verify the certificate’s authenticity and the applicant’s eligibility at any stage.

What evidence is required?

To prove eligibility for an EWS certificate, you need to provide comprehensive documentation to the issuing authority. Key evidence includes:

• The prescribed Income and Asset Certificate (the EWS certificate application form).
• Aadhaar Card, PAN Card, or other valid photo ID.
• Income proof for the family, such as salary slips, income tax returns, or an income certificate from the competent authority.
• Land records like Khasra/Khatauni/Jamabandi that show the extent of agricultural land owned by the family.
• Documents for any residential property, including sale deeds or municipal records, specifying the plot area or flat size.
• An affidavit or self-declaration stating that the family’s income and assets are within the prescribed limits.

How long will the investigation take?

The duration of an investigation into the validity of an EWS certificate can vary significantly. A straightforward verification might conclude within a few weeks. However, if it involves complex issues like verifying shares in ancestral property across different locations or investigating allegations of concealed income, the process can take several months. The timeline depends on the efficiency of the administrative machinery, the complexity of the case, and the cooperation of the individual under scrutiny.

Advocate Sudhir Rao, Supreme Court of India