|
A petition has been filed in the Delhi High Court challenging the decision of the Revenue Department of the Delhi Government to suspend the issuance of Economically Weaker Sections (EWS) certificates in the National Capital Territory of Delhi.
The plea has been moved by Aditya Shukla, a practising advocate belonging to the EWS category and an aspirant for the post of Assistant Public Prosecutor. Represented by Advocate Ashu Bidhuri, Shukla has asserted that he duly applied for a fresh EWS certificate to avail of reservation benefits in an ongoing recruitment process conducted by the Union Public Service Commission (UPSC), wherein six out of 66 vacancies for the post of Assistant Public Prosecutor have been reserved for EWS candidates. However, following a meeting held on April 9, 2025, the Government of NCT of Delhi issued a directive indefinitely suspending the issuance of all EWS certificates. The plea stated that this decision, taken without any statutory notification, legal basis, or transparent procedure, is reportedly driven by concerns over potential misuse or irregularities. As a result, Shukla and other similarly placed applicants are being denied access to a constitutionally guaranteed benefit under Articles 15(6) and 16(6) of the Constitution. The petition states that this directive, lacking formal legal sanction, effectively imposes a blanket prohibition on a welfare measure enacted by Parliament, thereby violating the constitutional scheme of separation of powers. It contends that the executive overreach undermines the intent of the Constitution (One Hundred and Third Amendment) Act, 2019, and infringes upon the petitioner's fundamental rights under Articles 14, 16, 19(1)(g), and 21. Advocate Ashu Bidhuri in the plea stated that the petitioner has exhausted all available remedies, having submitted detailed representations to various authorities, including the Chief Minister and Lieutenant Governor of Delhi. "However, no action has been taken. The competent authority (SDM) has declined to process his application, citing the general directive, thereby abdicating its statutory duty," it stated. The petition raises significant legal and constitutional questions regarding the alleged arbitrary suspension of a statutory right without due process. It seeks the immediate quashing of the executive directive halting the issuance of EWS certificates and a court directive to the concerned authorities to issue a valid certificate to the petitioner in a time-bound manner, enabling him to apply for the reserved post. (ANI)
|
