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

Mr. Alok is a student from a village in Uttar Pradesh whose family lives in a joint household. The family’s primary asset, a large tract of 45 kanals of agricultural land, is registered in his grandfather’s name, even though his father originally purchased it and later transferred the ownership. The entire family, including Alok’s father and his four brothers, resides in a two-storey house built on this ancestral land. The total annual family income is well under the ₹8 lakh threshold, at approximately ₹2 lakh per annum.

Recently, Alok’s father purchased a small 3.5 marla plot, which includes a single-storey house, in a municipality that is not on the government’s notified list. Based on his family’s income and assets, Alok obtained an Economically Weaker Section (EWS) certificate. He now wishes to use this certificate for admission to the prestigious National University of Science and Technology (NUST). However, he is deeply concerned that the new property might render his EWS certificate invalid. Alok fears that if an issue is raised during verification, it could lead to the cancellation of his admission and jeopardize his entire academic career. He is seeking clarity on whether he should proceed with the EWS category or apply as a general candidate, especially with the application deadline fast approaching.

Advice in such cases

Navigating the rules for EWS eligibility can be complex, especially when joint family properties are involved. Here is some general advice:

• Understand the EWS Criteria: The eligibility for an EWS certificate is primarily based on two conditions: the annual family income and the assets held by the family. The family income from all sources must be below ₹8 lakh. The asset criteria specify limits on agricultural land, residential flat area, and residential plot size.
• Differentiate Ownership: The key factor for the asset criteria is ownership. Assets are counted only if they are owned by the applicant’s ‘family’, which includes the applicant, their parents, spouse, and children below the age of 18. Property owned by other relatives, like grandparents or uncles, is generally not included, even if you reside on it.
• Check Plot Size Limits: For residential plots, the rules are specific about the location. A plot of less than 100 square yards in a notified municipality, or less than 200 square yards in an area *other than* a notified municipality, does not disqualify an applicant. Since the 3.5 marla plot (approximately 95 square yards) is in a non-notified area, it falls well within the permissible limit.
• 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 based on constitutional amendments and government notifications rather than specific sections of a criminal or civil code.

• The Constitution (One Hundred and Third Amendment) Act, 2019: This amendment introduced Articles 15(6) and 16(6) into the Constitution of India, empowering the state to make special provisions for the advancement of any economically weaker sections of citizens.
• Department of Personnel and Training (DoPT) Office Memorandum (O.M.) No. 36039/1/2019-Estt (Res) dated 31st January 2019: This is the key government order that lays down the detailed criteria for income and asset holding for a person to be identified as EWS. All eligibility questions are answered by referring to this document.
• Bharatiya Nyaya Sanhita, 2023 (BNS): While the eligibility itself is a civil/administrative matter, if a person is found to have intentionally obtained a certificate through fraudulent means, by submitting false documents or information, they could face criminal charges. Provisions related to cheating or forgery under the BNS could be invoked in such cases.

If you are the complainant

If you believe someone has wrongfully obtained an EWS certificate or if you have been unfairly denied one, you can take the following steps:

• Gather Evidence: Collect all relevant documents, such as property records, income statements, and official notifications, to support your claim.
• File a Representation: Submit a formal complaint or representation to the authority that issued the certificate, such as the District Magistrate, Tehsildar, or the Sub-Divisional Magistrate. Provide them with the evidence you have collected.
• Approach Higher Authorities: If the issuing authority does not take action, you can escalate the matter to higher administrative officials or a grievance redressal cell.
• 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.
• Legal Recourse: As a final step, a writ petition can be filed in the High Court under Article 226 of the Constitution, challenging the validity of the certificate or the inaction of the authorities.

If you are the victim

If you are in a situation like Alok’s, where you fear your genuinely obtained certificate might be challenged, here is how to prepare:

• Verify Your Eligibility: Carefully re-read the DoPT guidelines and confirm that you meet all the income and asset criteria. Pay close attention to the definition of ‘family’ and the specific rules for property ownership.
• Organize Your Documents: Keep all your documents in order. This includes the family income certificate, land records (like Khatauni or Jamabandi) clearly showing the owner’s name (in this case, the grandfather), the sale deed for the new plot, and an affidavit declaring your family’s assets and income.
• 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. A legal opinion can provide you with the confidence and clarity needed to proceed with your application.
• Be Truthful: Never conceal information. If the admitting institution or any authority raises a query, provide a clear and honest explanation supported by your documents. In Alok’s case, the facts appear to be in his favour.

How the police behave in such cases

Police intervention in EWS certificate verification is not standard procedure. These are primarily administrative matters handled by revenue officials and the concerned institutions (like universities or employers). The police would only get involved if a formal criminal complaint (First Information Report – FIR) is filed alleging a cognizable offence. For instance, if someone accuses an individual of forging documents or intentionally providing false information to cheat the system, a police investigation under the relevant sections of the Bharatiya Nyaya Sanhita (BNS) may be initiated. In such a scenario, the police would investigate the authenticity of the documents and the intent behind the application, but this is a rare occurrence and happens only in cases of clear fraud.

FAQs people normally have

• Does property owned by a grandfather count towards the EWS asset limit?
• No. The EWS asset criteria apply to the ‘family’ of the applicant, which is defined as the applicant, their parents, spouse, and children under 18. Property owned by grandparents, uncles, or adult siblings is not included.
• What is the difference between a notified and non-notified municipality for EWS?
• A notified municipality is an urban area specifically listed by the state government. The EWS rules have stricter asset limits for these areas. For a residential plot, the limit is 100 sq. yards in notified municipalities and a more relaxed 200 sq. yards in other areas, including non-notified municipalities and rural areas.
• What happens if my EWS certificate is found to be invalid after I get admission?
• If a certificate is proven to be based on false information, the consequences can be severe. It will almost certainly lead to the immediate cancellation of admission or termination of employment. The institution may also initiate legal proceedings to recover costs and may file a criminal complaint for fraud.
• Who is included in ‘family’ for calculating EWS income and assets?
• As per the DoPT guidelines, the ‘family’ for this purpose includes the person seeking the benefit, his/her parents, his/her spouse, and his/her children below the age of 18 years.

What evidence is required?

To support an EWS certificate application and to defend its validity if questioned, the following evidence is crucial:

• An Income and Asset Certificate issued by a competent authority (e.g., Tehsildar).
• Income tax returns, if filed, or a family income certificate from the relevant state authority.
• Official land records (e.g., Jamabandi, Khatauni, Khasra Girdawari) for all properties to establish ownership.
• Sale deeds or property registration documents for any owned plots or flats.
• A self-declaration or affidavit from the applicant detailing all family income and assets.
• Proof of identity and residence, such as an Aadhaar card or voter ID.

How long will the investigation take?

The duration of any inquiry into an EWS certificate’s validity varies:

• Institutional Verification: When a university or employer verifies a certificate, it is usually done by writing to the issuing authority. This process can take anywhere from a few weeks to a couple of months.
• Formal Complaint: If a formal complaint is filed with the District Magistrate or Tehsildar, an inquiry may be initiated. This can take several months, as it involves issuing notices, hearing both parties, and examining revenue records.
• Court Proceedings: If the matter goes to court, such as in a writ petition, the timeline will depend on the court’s schedule and the complexities of the case, potentially taking a year or more to resolve.

Advocate Sudhir Rao, Supreme Court of India