• UPSC IES selection

I stay in West Bengal, writing this with a hope to get my right.
In 2019 , I appeared for UPSC Indian Economic Service and I got 382 marks in written. I belong to very poor family I am the breadwinner of my family, but could not get my EWS certificate as I stay in WB where our government did not pass the circular. If I could have gotten that certificate I will pass that examination as EWS cut off was far below than my marks and 3 EWS candidates who were finally selected for that posts also got lower written marks than me.. This year 2020 UPSc will not take IES citing nil vacancy. Now please tell me what to do..
Just because I stay in Kolkata I could not avail that opportunity and I missed an exam.
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Asked 4 years ago in Constitutional Law

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29 Answers

You could not have been selected as you did not have EWS certificate 

 

2) the other candidates had certificate and hence although scored less marks than you and hence could not be selected 

 

3) even if you take any legal proceedings you may not succeed 

Ajay Sethi
Advocate, Mumbai
94695 Answers
7527 Consultations

5.0 on 5.0

You can resort to legal action against the UPSC and the state government of WB, by filing a writ petition or even a  PIL seeking the court to intervene to render justice to you in this regard especially in the light that similar candidates from other states have been privileged to avail the benefits the government had given in this regard. 

You can mention your plights and express that it is unfortunate that you have become a victim of of the political dispute between state and central governments. 

You may not get any justice from the concerned authorities and it will turn out to be a futile effort if you still desire to knock their doors in this regard. 

Hence consult an advocate practicing in high court and pursue the matter legally. 

T Kalaiselvan
Advocate, Vellore
84896 Answers
2190 Consultations

5.0 on 5.0

You need to challenge the same in writ petition in high court or opt for other state where there is the said facility

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

Well, the EWC certificate is issued by respective states. 

Unless and until your state issues such certificate you can not rely upon this. 

This year the selection is already made.  Hence subsequently getting the certificate would not be of any help. 

If you share the details then for next year further assistance can be given. 

Devajyoti Barman
Advocate, Kolkata
22816 Answers
488 Consultations

5.0 on 5.0

Hi

EWS guidelines differs in many states.

Still, file a writ petition in high court of your state to present your facts and rights.

If allowed ypu will be made to join in previous recruitment process 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

I would definitely recommend solution and advice you for the relief you are seeking for.

You have every right to get relief from Court of Law wherein your fundamental rights are violated. 

1-Please file writ petition under Articles 226 and 227 Before Kolkata High Court Division Bench invoking Extraordinary Jurisdiction of High Court for writ of certiorari and quo- warranto against UOI,Chairman UPSC,Addl Solicitor General of India for action as per Indian Constitution

2-You have mentioned that you are poor and can't afford expenses. You may approach The State Legal Services Authority in Kolkata High Court who may appoint an Advocate to represent in your writ petition for good cause and natural justice. 

All the best. 

Best regards. 

 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

1. If having EWS certificate is a part of eligibility criteria then this condition had to be fulfilled.

2. If selection for this exam has already taken place then they will make it.

3. You ought to have filed a Writ Petition in the Calcutta HC before the exam. It is too late in the day now to claim any relief as selection has already taken place.

 

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Please file a writ before the Hon'ble High Court for the relief as no other forum will help you in this matter, so why to waste the time file writ immediately, as there should be other alternative to the certificate.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

Hi,it is advisable to file a WRIT petition in high court for seeking relief ..

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

Madam,

First of all you are suggested to file and RTI application and confirm thereof that what are provisions of EWS in your state and if you find that there is no such provision, you may file a Writ Petition in high court for direction to the GOVT in this regard. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

Only writ Petition is your remedy on ground of arbitrary appointment

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

1. The law is common for all. 

2. There cannot be a discrimination between the candidates belonging to different states in this regard. 

This is a central government employment hence the state government has nothing to do with this. 

You are also entitled for the concession and relaxation as a candidate if you are eligible,  hence there's nothing wrong in fighting against this injustice meted out to you just because your state government do not follow the central government policy for concessions under EWS category. 

You may consult a local advocate and discuss at length on this matter and take a proper decision. 

T Kalaiselvan
Advocate, Vellore
84896 Answers
2190 Consultations

5.0 on 5.0

To be eligible you needed that certificate 

 

if you did not have certificate question of your selection does not arise 

 

you can file writ in HC but chances of success are bleak 

Ajay Sethi
Advocate, Mumbai
94695 Answers
7527 Consultations

5.0 on 5.0

Dear Client,

EWS certificate can be used to avail the 10% reservation for the Economically Weaker Section in higher education all over the India and government jobs. WB is not adopted it due to political rivalry but even citizen of WB are entitle to benefit under EWS scheme. YOU should have filed writ in high court for relief.

Write letter to UPSC and also file writ in High court.

You are not at fault, if WB govt. is not issuing EWS certificate. High Court will pass direction.

Yogendra Singh Rajawat
Advocate, Jaipur
22630 Answers
31 Consultations

4.4 on 5.0

Ma'am, 

In case the circular was passed after your examination was held and you intended to take benefit of EWS reservation, then you should have resorted to the filing of a writ of mandamus before the High Court seeking appropriate direction to State to issue you an EWS certificate (as per the rules) for purpose of taking benefit in the examination, however, now that vacancy has been filled you will have to wait and now I believe you can obtain the certificate as per the circular dated 09.07.2019 (http://wbpar.gov.in/writereaddata/WBCSdirectory/12287.pdf)

 

Regards 

Dhruv Dwivedi

Dhruv Dwivedi
Advocate, Delhi
12 Answers

Not rated

You are right.

That's why Writ Petition. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

This mainly depends on the State policies that  Why WB is not issuing the EWS Certificate. 

File a writ petition 

 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

1. This is a common problem.

 

2. I know one person who was the GM of a PSU factory in Uttarakhand did not have the SC certificate for his son from West Bengal.

 

3. He got it done from Delhi since his cast was classified as SC category.

 

4. In your case, you have been victimised for the local Govt. not issuing the EWS certificate.

 

5. Your remedy is to approach the High Court for remedy since the persons holding ledder marks have got selected  having equal or higher economic status than you.

 

6. However, you shall have to keep in mind that litigation is expensive anywhere in the world.

 

 

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

1. Yes, there has been violation of your equal right with others of our Country.

 

2. You shall have to file a Writ Petition before the High Court making the W.B Govt and the UPSC as parties praying for order upon the W.B. Govt. to issue the EWS certificate and the UPSC authority to consider your candidature under EWS candidates and act accordingly.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

- The Central Government has introduced 10% reservation quota for the Economically Weaker Sections (EWS) among General Category candidates in government jobs and educational institutions.

- Followings are eligibility to get EWS certificate : - 

1. Your family income should be less than 8 lakh from all the sources 

2.The agricultural land owned by your family should be less than 5 acres

3. Residential house of your family should be less than 1000 sq.ft

4. Residential plot of your family should be less than 100 sq.yds. i.e. 900 sq ft

- Further , an income certificate is necessary for getting EWS certificate.,and also a certification that you are not belonging to any ST/SC/OBC category.

- Hence , if an EWS certificate holder even getting lesser marks , then also eligible to get 10 percent quota in the job.

- If , you think that the justice has not done with you , then you can file a Writ petition in the High court. 

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

You can file writ petition so in next year the present government can issue such certificate. 

Devajyoti Barman
Advocate, Kolkata
22816 Answers
488 Consultations

5.0 on 5.0

If you don't show up with the certificate, you'll be considered in the general category only. 

 

 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

File a writ immediately and seek stay of the selection procedure. You are entitled to get selected . 

Swarupananda Neogi
Advocate, Kolkata
2964 Answers
6 Consultations

4.7 on 5.0

Without EWS certificate you are not eligible. you can file writ petition in high court. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. It is immaterial now why you did not get that certificate.

2. There has been delay on your part in adopting your legal remedies. If the certificate was not given then you should have immediately filed writ petition in the High Court.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. You cannot do anything as certificate of category should be obtained before registration for vacancy you are applying for. 

2. But you still try by filing writ petition in High court against govt for issuing gazette notification regarding EWS category certificate and considering you for same in current opening.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you have been denied your constitutional rights of equality just for a reason of the failure at the stand of the government.
  2. I would like to apprise you that EWS reservation is the central enacted notification and amenities, all state are subject to its enforcement.
  3. You will have to contest the unconstitutionality of the government before the court of law, before the Apex court of our country, Hon’ble Supreme Court under the writ jurisdiction seeking direction for your present state to get it enforced, so that you can avail the same in future.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

Well you may file a writ petition stating that liss of employment should be compensated by the state government or you should be selected. That is what you can do.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Yes due to the lapse on the part of the Government you couldn't obtain the EWS certificate. That is why a case should be filed.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

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