The Delhi High Court has held that candidates from Economically Weaker Sections (EWS) cannot claim parity in upper age limit and number of attempts with those from Scheduled Caste (SC), Scheduled Tribe (ST) and Other Backward Categories (OBC) in central government recruitments, including Union Public Service Commission (UPSC) exams, observing that the disadvantages faced by socially backward classes are distinct from those arising from economic deprivation.
A bench of Justices Anil Kshetarpal and Amit Mahajan delivered the judgment while dismissing petitions filed by EWS candidates seeking similar relaxations as available to SC, ST, and OBC categories.
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“Since it cannot be said that the handicaps faced by socially backward classes and economically deprived classes are the same, different ancillary concessions and relaxations ought to be provided to both categories. The EWS category cannot claim automatic parity with SC, ST, OBC in ancillary considerations such as age relaxation or enhanced attempts,” the court held.
The court noted that EWS hardship arises from limited financial resources, a condition that can change over time, unlike SC, ST, and OBC disadvantages rooted in long-standing social and educational backwardness. It observed that caste-based disadvantage is structural, fixed by birth, and continues to affect individuals throughout their lives.
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“EWS is concerned only with economic deprivation. The hardship faced by individuals in this category arises from lack of financial resources. It does not stem from social stigma or historical exclusion. In contrast, SC, ST, and OBC categories are rooted in deep and long-standing social and educational backwardness. These groups have suffered discrimination and ostracism for generations, solely on account of their caste. Such a disadvantage is structural and enduring. Caste, unlike economic status, is not a variable; it is fixed by birth and cannot be changed. Economic status, on the other hand, is fluid,” the court said.
The petitioners challenged the Centre’s February 2019 decision granting age and attempt relaxations to SC, ST, and OBC candidates but not to EWS candidates, as well as the Civil Services Examination Notification dated February 14, 2024. Through their lawyer Shivendra Singh, they argued that even after the 103rd Constitutional Amendment introducing 10% reservation for EWS, excluding them from age and attempt relaxations is arbitrary and renders the reservation ineffective.
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In its 23-page verdict, the court upheld the Centre’s decisions, observing that the constitutional framework itself recognises a distinction between EWS and SC, ST, OBC categories. It said the decision was neither arbitrary nor violative of any constitutional or statutory provision. Advocate Ravinder Agarwal represented UPSC.
