JUDGMENT : 1. Heard learned counsel for the petitioner and the learned standing counsel. 2. Petitioner has filed a supplementary affidavit dated 31.01.2023, which is taken on record. 3. The petitioner had moved an Amendment Application No.2 of 2022 dated 09.11.2022 which was allowed by order dated 08.12.2022 but the amendments were not incorporated. On the request of learned counsel for the petitioner, today we permitted him to incorporate the amendments in the writ petition. 4. This writ petition has been filed praying for the following relief: “I. Issue a writ order or direction in the nature of mandamus by direct the respondents nod. 2 & 3 to renew the E.W.S. certificate of the petitioner. (I-a) Issue a writ order or direction in the nature of Certiorari quashing the order dated 23rd of June 2022 passed by respondent no.3 whereby his application for grant of E.W.S. (Economically Weaker Section) certificate has been rejected. II. Issue a writ order or direction in the nature of mandamus by directing the respondent no.3 to lodged the first information report against the Lekhpal, Jogendra Singh Solanki.” 5. Briefly stated facts of the present case are that the petitioner had earlier obtained a certificate of “Economically Weaker Section” (EWS) being Certificate No.1252 dated 28.09.2021 valid for the year 2021-22, on a declaration made by him that annual income of his family is below eight lacs rupees and his family does not possess any of the specified assets. Subsequently, some complaint was made and a verification was carried in which it was found by the authorities that the petitioner’s family possesses a 183 square yard residential house with 100 square yards ‘Gher’ at village Khandeha and also owns a residential plot of 150 square yards in village Chhajjupur which is much more than the maximum limit of area of land/ house prescribed to be owned by a family of a person intending to obtain a certificate of EWS. Consequently, EWS certificate issued by the authorities to the petitioner was cancelled by order dated 23.06.2022 passed by the Tehsildar, Khair, Aligarh which is reproduced below: ^^dk;kZy; rglhynkj [kSj] vyhxढ+A i=kad&eheks vkjŒ lhŒ@vkbZŒ thŒ vkjŒ ,lŒ@2022 fnukad&23 twu 2022 izHkkjh vf/kdkjh f’kdk;r vyhxढ+A egksn;] Jh ih;w”k dqekj ‘kekZ iq= lrh’k pUnz ‘kekZ fuŒ [k.Msgk ijŒ VIiy rgŒ [kSj ftyk vyhxढ+ dh tulquokbZ iksVZy ij izkIr f’kdk;rh izkFkZuk i= f’kdk;r laŒ&92214300026602 dk lanHkZ xzg.k djus dk d”V djsaA mijksDr ds lEcU/k esa jkŒfuŒ ls tk¡p vk[;k izkIr dh x;hA jktLo fujh{kd [kSj }kjk viuh tk¡p vk[;k esa mfYyf[kr fd;k x;k fd vkosnd o mlds ifjokj ds ikl xzke [k.Msgk esa 183 oxZxt dk vkoklh; edku o 100 oxZxt dk ?ksj RkFkk xzke Ntwiqj esa 150 oxZxt dk vkoklh; IykV gSA bl izdkj iSr`d lEifRr feykdj budh dqy ifjlEifRr 200 oxZxt ls vf/kd gSA mijksDr fooj.k ds vuqlkj vkosnd izFke n`f”V;k bZŒ MCywŒ ,lŒ gsrq ik= izrhr ugha gksrk gSA vr% jkŒ fuŒ dh tk¡p vk[;k lUnfHkZr izkFkZuk i= dks fu{ksfir fd;s tkus gsrq lknj izsf”kr gSA gŒ viŒ rglhynkj [kSjA vyhxढ+ izfrfyfi%& Jh ih;w”k dqekj ‘kekZ iq= lrh’k pUn ‘kekZ fuŒ [k.Msgk ijŒ VIiy rgŒ [kSj ftyk vyhxढ+ dks lwpukFkZA gŒ viŒ rglhynkj [kSjA vyhxढ+^^ 6. Aggrieved with the aforesaid order dated 23.06.2022, the petitioner has filed the present writ petition. 7. Learned counsel for the petitioner submits that house at village Khandeha is an ancestral house in which his father’s brother and two sisters have shares and, therefore, the share of the petitioner’s father comes to only 20 square yards and the petitioner is not in possession of 100 square yards ‘Gher’. Referring to paragraph-6 of the supplementary affidavit dated 31.01.2023, he submits that thus, the petitioner’s family does not own residential plot/ house of more than 200 square yards and therefore, the cancellation of EWS certificate of the petitioner by the impugned order dated 23.06.2022 is wholly arbitrary and illegal. 8. Learned standing counsel supports the impugned order. 9. We have carefully considered the submissions of the learned counsel for the parties and perused the records of the writ petition. 10. Before we proceed to consider rival submissions of learned counsel for the parties, it would be useful to reproduce the Office Memorandum No.36039/1/2019-Estt. 8. Learned standing counsel supports the impugned order. 9. We have carefully considered the submissions of the learned counsel for the parties and perused the records of the writ petition. 10. Before we proceed to consider rival submissions of learned counsel for the parties, it would be useful to reproduce the Office Memorandum No.36039/1/2019-Estt. (Res) issued by Government of India, Ministry of Personnel, Public Grievances and Pensions Department & Training, New Delhi, dated 31.01.2019, which provides for reservation for economically weaker sections, as under: “No.36039/1/2019-Estt (Res) Government of India Ministry of Personnel, Public Grievances & Pensions Department of Personnel & Training North Block, New Delhi Dated the 3lst January, 2019 OFFICE MEMORANDUM Subject: Reservation for Economically Weaker Sections (EWSs) in direct recruitment in civil posts and services in the Government of India. In continuation of this Department's Office Memorandum of even number dated 19.01.2019, the following instructions are issued in consultation with Ministry of Social Justice and Empowerment and Department of Legal Affairs regarding reservation for EWSs not covered under the reservation scheme for SCs/STs/OBCs in respect of direct recruitment in civil posts and services in' the Government of India. 2. QUANTUM OF RESERVATION The persons belonging to EWSs who, are not covered under the scheme of reservation for SCs, STs and OBCs shall get 10% reservation in direct recruitment in civil posts and services in the Government of India. 3. EXEMPTION FROM RESERVATION: 3.1 "Scientific and Technical" posts which satisfy all the following conditions can be exempted from the purview of the reservation orders by the Ministries/ Departments: (i) The posts should be in grades above the lowest grade in Group A of the service concerned. (ii) They should be classified as "scientific or technical" in terms of Cabinet Secretariat [OM No. 85/11/CF-61(1) dated 28.12.1961], according to which scientific and technical posts for which qualifications in the natural sciences or exact sciences or applied sciences or in technology are prescribed and, the incumbents of which have to use that knowledge in the discharge of their duties. (iii) The posts should be 'for conducting research' or 'for organizing, guiding and directing research'. 3.2 Orders of the Minister concerned should be obtained before exempting any posts satisfying the above condition from the purview of the scheme of reservation. 4. (iii) The posts should be 'for conducting research' or 'for organizing, guiding and directing research'. 3.2 Orders of the Minister concerned should be obtained before exempting any posts satisfying the above condition from the purview of the scheme of reservation. 4. CRITERIA OF INCOME & ASSETS: 4.1 Persons who are not covered under the scheme of reservation for SCs, STs and OBCs and whose family has gross annual income below Rs 8.00 lakh (Rupees eight lakh only)are to be identified as EWSs for benefit of reservation. Income shall also include income from all sources i.e. salary, agriculture, business, profession, etc. for the financial year prior to the year of application. Also persons whose family owns or possesses any of the following assets shall be excluded from being identified as EWS, irrespective of the family income:- i. 5 acres of agricultural land and above; ii. Residential flat of 1000 sq ft. and above; iii. Residential plot of 100 sq. yards and above in notified municipalities; iv. Residential, plot of 200 sq. yards and above in areas other than the notified municipalities. 4.2. The property held by a "Family" in different locations or different places/cities would be clubbed while applying the land or property holding test to determine EWS status. 4.3 The term "Family" for this purpose will include the person who seeks benefit of reservation, his/her parents and siblings below the age of 18 years as also his/her spouse and children below the age of 18 years. 5. INCOME AND ASSET CERTIFICATE ISSUING AUTHORITY AND VERIFICATION OF CERTIFICATE: 5.1 The benefit of reservation under EWS can be availed upon production of an Income and Asset Certificate issued by a Competent Authority. The Income and Asset Certificate issued 'by any one of the following authorities in the prescribed format as given in Annexure -I shall only be accepted as proof of candidate's claim as 'belonging to EWS: - (i) District Magistrate/Additional District Magistrate/Collector/Deputy Commissioner/Additional 'DeputyCommissioner/1st Class Stipendary Magistrate/ Sub-Divisional Magistrate/Taluka Magistrate/Executive Magistrate/Extra Assistant Commissioner. (ii) Chief Presidency Magistrate/Additional Chief Presidency Magistrate/ Presidency Magistrate. (iii) Revenue Officer not below the rank of Tehsildar and (iv) Sub-Divisional Officer or the area where the candidate and/or his family normally resides. 5.2 The Officer who issues the certificate would do the same after carefully verifying all relevant documents following due process as prescribed by the respective State/UT. (ii) Chief Presidency Magistrate/Additional Chief Presidency Magistrate/ Presidency Magistrate. (iii) Revenue Officer not below the rank of Tehsildar and (iv) Sub-Divisional Officer or the area where the candidate and/or his family normally resides. 5.2 The Officer who issues the certificate would do the same after carefully verifying all relevant documents following due process as prescribed by the respective State/UT. 5.3 The crucial date for submitting income and asset certificate by the candidate may be treated as the closing date for receipt of application for the post, except in cases where crucial date is fixed otherwise. 5.4 The appointing authorities should, in the offer of appointment to the candidates claiming to be belonging to EWS, include the following clause :- "The appointment is provisional and is subject to the Income and asset certificate being verified through the proper channels and if the verification reveals that the claim to belong to EWS is fake/false the services will be terminated forthwith without assigning any further reasons and without prejudice to such further action as may be taken under the provisions of the Indian Penal Code for production of fake/false certificate." The appointing authority should verify the veracity of the Income and asset certificate submitted by the candidate through the certificate issuing authority 5.5 Instructions referred to above should be strictly followed so that it may not be possible for an unscrupulous person to secure employment on the basis of a false claim and if any person gets an appointment on the basis of such false claim, her/his services shall be terminated invoking the conditions contained in the offer of appointment 6. EFFECTING RESERVATION - MAINTENANCE OF ROSTERS: 6.1 Department of Personnel and Training had circulated Office Memorandum No.36012/2/96-Estt(Res) dated July 2, 1997 regarding implementation of post based reservation roster. The general principles for making and operating post based reservation roster would be as per the principles laid down in the said Office Memorandum. 6.2 Every Government establishment shall now recast group-wise post-based reservation roster register for direct recruitment in accordance with format given in Annexure II, III, IV and V, as the case may be, for effecting 10% reservation for EWSs interpolating them with the SCs, STs and OBCs. 6.2 Every Government establishment shall now recast group-wise post-based reservation roster register for direct recruitment in accordance with format given in Annexure II, III, IV and V, as the case may be, for effecting 10% reservation for EWSs interpolating them with the SCs, STs and OBCs. While fixing roster point, if the EWS roster point coincides with the roster points of SCs/STs/OBCs the next available UR roster point has been allotted to the EWSs and also the principle of "squeezing" has been kept in view. While drawing up the rosters, the cadre controlling authorities may similarly "squeeze" the last points of the roster so as to meet prescribed 10% reservation. 6.3 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. 6.4 Persons belonging to EWS selected against the quota for persons with benchmark disabilities/ex-servicemen shall be placed against the roster points earmarked for EWS. 7. ADJUSTMENT AGAINST UNRESERVED VACANCIES: 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. 8. FORTNIGHTLY/ANNUAL REPORTS REGARDING REPRESENTATION OF EWS: The Ministries/Departments shall send single consolidated fortnightly report including their attached/subordinate offices beginning from 15.2.2019 as per format at Annexure-VI. From 01.01.2020, the Ministries/Departments shall upload data on representation of EWSs in respect of posts/services under the Central Government on the URL i.e. www.rrcps.nic.in as on 1st January of every year. All Ministries/Departments have already been provided respective usercode and password with guidelines for operating the URL. 9. MAINTENANCE OF REGISTER OF COMPLAINTS BY THE GOVERNMENT ESTABLISHMENT: 9.1 Every Government establishment shall appoint a senior officer of the Department as the Grievance Redressal Officer. 9.2 Any person aggrieved with any matter relating to discrimination in employment against any EWS may file a complaint with the Grievance Redressal Officer of the respective Government establishment. The name, designation and contact details of the Grievance Redressal Officer may be displayed prominently on the website and in the office of the concerned establishment. 10. 9.2 Any person aggrieved with any matter relating to discrimination in employment against any EWS may file a complaint with the Grievance Redressal Officer of the respective Government establishment. The name, designation and contact details of the Grievance Redressal Officer may be displayed prominently on the website and in the office of the concerned establishment. 10. LIAISON OFFICER: Ministries/Departments/Attached and Subordinate Offices shall appoint Liaison Officer to monitor the implementation of reservation for EWSs. 11. The above scheme of reservation will be effective in respect of all direct recruitment vacancies to be notified on or after 01.02.2019. 12. All the Ministries/Departments are requested to bring the above instructions to the notice of all appointing authorities, under their control. In case of any difficulty with regard to implementation of the provisions of this OM, the concerned authorities may consult DOP&T through their administrative Ministry/Department. Encl: As above. (G. Srinivasan) Director Ph.No.011-23093074” A 11. The definition of the word ‘family’ given in the aforesaid Office Memorandum dated 31.01.2019 (hereinafter referred to as the “EWS Scheme”) provides that the family for the purposes of the EWS Scheme will include the person who seeks benefit of reservation, his/her parents and siblings below the age of 18 years as also his/her spouse and children below the age of 18 years. Thus, the family in the matter of the petitioner would include his parents. The petitioner claims himself to be aged about 21 years. Clause 4.2 of the aforesaid EWS Scheme provides that the property held by a "Family" in different locations or different places/cities would be clubbed while applying the land or property holding test to determine EWS status. 12. In paragraphs-26 and 27 of the writ petition, the petitioner has stated as under: “26. That, the father of the petitioner has only one plot/property measuring area 150.05 Sq.Meters, which is situated at Pargana- Tappal, Village Chhajupur. For kind perusal of this Hon'ble Court, the copy of the registered sale deed of the aforesaid property is being filed herewith and marked as Annexure No.10 to this writ petition. 27. That, as per guideline of E.W.S., any person who has more than 200 Sq. Meter and more than 5 acre, where as the father of the petitioner has only 150.05 Sq. Meters, and the petitioner has two persons.” 13. 27. That, as per guideline of E.W.S., any person who has more than 200 Sq. Meter and more than 5 acre, where as the father of the petitioner has only 150.05 Sq. Meters, and the petitioner has two persons.” 13. In paragraphs-4, 5 and 6 of the supplementary affidavit dated 23.01.2023, the petitioner has stated as under: “4- That, so for as the property mention in the order dated 23.06.2022 are concerned, the house which is alleged to belong to the petitioner is infact an ancestral house situated in Abadi land belonging to grandfather of the petitioner and father of the petitioner is 2 brother and 2 sister, who all have partition the said house in five shares, therefore father of the petitioner has got only one fifth share. The house only small house of absent 100 squire yard and thereafter share of father of the petitioner only 20 gaj and not beyond. 5- That, there is no Gher of 100 Square Gaj in possession of the petitioner. 6- That, the other land which is in the name of the father in Chhajupur village is only of 150 Squire Yard Village Chhajupur is a Gram Panchayat and is not a Municipality.” 14. Thus, from the facts as admitted by the petitioner in aforequoted paragraphs of the writ petition and the supplementary affidavit, it is evident that a residential plot measuring 150 square yards is owned by father of the petitioner. The petitioner has also admitted that there is a residential house in 183 square yards but he vaguely alleged it to be an ancestral house belonging to his grandfather in which one brother of his father and two sisters have shares. Neither any proof of recording of the name of the father’s brother and sisters over the house in question nor their names have been disclosed either in the writ petition or in the supplementary affidavit. No proof has been filed that house in village Khandeha is an ancestral house in which some persons other than the petitioner’s father have shares. With regard to ‘Gher’ of 100 square yards, the petitioner has merely stated that he is not in possession over the ‘Gher’ of 100 square yards and thus, has not denied the possession of his family over 100 square yards Gher. With regard to ‘Gher’ of 100 square yards, the petitioner has merely stated that he is not in possession over the ‘Gher’ of 100 square yards and thus, has not denied the possession of his family over 100 square yards Gher. Thus, it is admitted to the petitioner that his family owns 150 square yards residential plot in village Chhajupur and 100 square yards residential land/ Gher at Khandeha besides a house standing on 183 square yards residential land in village Khandeha of which the father of the petitioner is the owner or, according to the petitioner, that 183 square yards house is apparently owned by his father. Thus, the total residential plot owned by the family of the petitioner is much more than the maximum asset specified in paragraph 4.1 of the EWS Scheme. 15. Since as per own admitted case of the petitioner, the assets owned by his family is more than the specified maximum assets under Para-4 of the EWS Scheme, therefore, the petitioner is not entitled for the EWS certificate. 16. Where the State seeks to make provision for reservation in appointments or posts in respect of certain class of citizens (in present case the EWS), any scheme that is framed by the Government for identification of EWS and issuance of certificate of EWS, such scheme has to be strictly construed and interpreted. A perusal of the aforesaid EWS scheme leaves no manner of doubt that criteria for income and assets mentioned therein have to be strictly interpreted. As already held above, the term “Family” has been specified in the scheme and the property held by a “Family” in different locations or different places/cities would be clubbed while applying the land or property holding test to determine EWS status. The EWS scheme enjoins the officer who issues EWS certificate to do so only after careful verification of the relevant documents following due process as prescribed by the respective State/Union Territory. The EWS scheme enjoins the officer who issues EWS certificate to do so only after careful verification of the relevant documents following due process as prescribed by the respective State/Union Territory. The appointing authorities are also enjoined to include a clause in the offer of appointment to the candidate belonging to EWS as follows:- “The appointment is provisional and is subject to the Income and asset certificate being verified through the proper channels and if the verification reveals that the claim to belong to EWS is fake/false the services will be terminated forthwith without assigning any further reasons and without prejudice to such further action as may be taken under the provisions of the Indian Penal Code for production of fake/false certificate.” 17. The EWS scheme also specifically mentions that the instructions should be strictly followed so that it may not be possible for an unscrupulous person to seek employment on the basis of false claim and if any person gets an appointment on the basis of such false claim, his/her services shall be terminated invoking conditions contained in the offer of appointment. 18. Any vacillation or dilution of the strict provisions of the EWS scheme regarding issuance of EWS certificate would hit the root of the very purpose of the EWS scheme rendering such an act abhorrent to the scheme of the Constitution of India. 19. For all the reasons aforestated, we do not find any merit in this writ petition. Consequently, the writ petition fails and is hereby dismissed.