JUDGMENT : Ajit Kumar, J. 1. Learned Standing Counsel has obtained instruction in the matter, which is taken on record. 2. As per the instructions petitioner was required under the advertisement to submit EWS certificate as per prescribed format of State Government service, whereas petitioner submitted the EWS certificate on format meant for Central Government service. 3. It is argued by learned Standing Counsel that basic difference between the two formats is that in the State Government format, certain more details are required to furnish vide clause I, II, III and IV, whereas in the Central Government there no such details are required to be furnished. 4. Thus, according to learned Standing Counsel, certain more details are required for the State Government services in order to avail benefit under the EWS category. 5. However, from the perusal of the income certificate meant for EWS category dated 25th April, 2023, which had been furnished by the petitioner with respondents it appears almost on same format as is meant for the State Government service with details as to total income of the family to be not more than Rs. 8 lakhs for the financial year in question and that family does not own any agricultural land to the measurement of 5 acres or above, any residential flat of 1000 square feet and above, any residential plot of 100 square yards and above in a notified municipalities and residential plot of 200 square yards and above in areas other than notified municipalities. 6. In my considered view, the details as are required to be furnished by a candidate for the Central Government format and State Government format are in pari materia qua language and contents and the issuing authority is also the same, then the respondents are not justified in rejecting the candidature of such candidate taking the technical plea that the format upon which information has been furnished was meant for the Central Government services and not for the State Government services. 7.
7. In the considered view of the Court, the purpose of EWS certificate is to only give an information that a candidate has a certificate of falling in a particular category of economically weaker section for which parameters that have been laid down both for the Central Government and the State Government being the same, the authorities are expected to give a nod even to a income/ property certificate furnished by a candidate belonging to economically weaker section. Details of financial status is certified by the competent authority in such matters, are primary and format is secondary. 8. This Court in a very recent decision in the case of Rajat Yadav v. State of U.P. and others passed in Writ (A) No. 779 of 2023 decided on 6th July, 2023 has held that clause providing for format for the purposes of caste certificate are only directory in nature and not mandatory. The Court vide paragraphs 25 and 26 has held thus: "25. I would also observe here that the object behind reservation being to bring into mainstream of the nation the most oppressed class both socially and financially and castes in the state and at the nation level are identified and notified of such category to offer them reservation in government service, so if there is no quarrel about the cast of a person as notified by the state deserving benefit of regularization in that state, it should not matter on which format certificate has been issued. Both the posts under Union of India and the State if are reserved for such category and the state is issuing certificates one meant for posts under Central Government and other for post under State Government, if requisite information is available, it would be hypothetical approach to reject a certificate just for it being on a format prescribed for the posts under Central Government. To this extent the relevant clause in the advertisement should be construed liberally. 26.
To this extent the relevant clause in the advertisement should be construed liberally. 26. In the present case whether it is upon format meant for the posts under Government of India or upon format meant for posts the State Government both the certificates having been issued by the State Government certifying the petitioner to be belonging to Ahir cast, the OBC caste and also not belong to creamy layer, respondents are not justified in rejecting candidature of the petitioner as far as his eligibility for OBC category is concerned." 9. In view of the above, the writ petition succeeds and is allowed. 10. The respondents are directed to accord due consideration to the candidature of the petitioner taking the certificate furnished by her as of EWS category for the purposes of selection and appointment pursuant to the advertisement in question. 11. Appropriate decision shall be taken by the Controller of Examination accordingly without any undue delay.