Yes it cannot be treated as EWS
I had applied to a government of India autonomous institute for the post of assistant professor in unreserved category although the vacancy advertised was 1seat in EWS. there were no applicants in EWS category. Should I not be considered eligible as the advertisement was the last one for the recruitment year having been advertised on 31.12.2019 ? EWS quota vacancies cannot be treated as backlog and have to be filled from unreserved category is what I understand from GOI DOPT NO.36039/1/2019 dated 31.01.2019 clause 6.3
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
Where in any recruitment year any vacancy earmarked for EWS cannot be filled up due to non availability of a suitable candidate belonging to EWS, such vacancies for that particular recruitment year shall not be carried forward to the next recruitment year as backlog.
if there are no applicants from EWS category other applicants should be considered
Dear Sir/Madam,
It is suggested that if you not satisfied with the action of the institute, then file the WRIT Petition in the high court challenging the action of the institute.
Where in any recruitment year any vacancy earmarked for EWS cannot be filled up due to non availability of a suitable candidate belonging to EWS, such vacancies for that particular recruitment year shall not be carried forward to the next recruitment year as backlog.
A person belonging to EWS cannot be denied the right to compete for appointment against an unreserved vacancy.
Persons belonging to EWS who are selected on the basis of merit and not on account of reservation are not to be counted towards the quota meant for reservation.
Thus the last point hinders your appointment.
You may await their decision.
If you are not given chance than you have the option for filing a specific performance suit against them for giving you the post.
EWS cannot be carry forward as backlog and have to be filed with benchmark disability/ex service men.
benefit of reservation under EWS can be availed upon production of an Income and Asset Certificate issued by a Competent Authority.