Delhi HC defers hearing on plea challenging halting of issuance of EWS certificates
A single-judge bench of Justice Sachin Datta, which was scheduled to hear the matter, did not assemble.
As per the petitioner's counsel, the plea challenging the Delhi government's directive to stop the issuance of all EWS certificates indefinitely is likely to be heard next on April 28.
'The Government of NCT of Delhi has, pursuant to a meeting held on 09.04.2025, issued a directive to stop the issuance of all EWS certificates indefinitely. This has been done without any statutory notification, legal basis, or transparent procedure, allegedly due to apprehensions regarding misuse or irregularities,' said the plea filed through advocate Ashu Bidhuri.
As a result, the petitioner and other similarly placed genuine applicants, applying for the post of Assistant Public Prosecutor, are being denied access to a constitutional benefit enshrined under Articles 15(6) and 16(6) of the Constitution, it added.
'The impugned directive, lacking any formal legal sanction, amounts to a blanket prohibition on a welfare measure enacted by Parliament, thereby violating the constitutional scheme of separation of powers. It constitutes executive overreach, frustrates the intent of the Constitution (One Hundred and Third Amendment) Act, 2019, and infringes upon the petitioner's rights under Articles 14, 16, 19(1)(g), and 21 of the Constitution,' contended the plea.
It prayed to quash the executive directive halting the issuance of EWS certificates and sought a direction to the concerned authorities to issue the petitioner a valid EWS certificate in a time-bound manner to enable him to apply for the reserved post.
As per the advertisement, the Union Public Service Commission (UPSC) has reserved six out of 66 vacancies for the post of Assistant Public Prosecutor (APP) for EWS candidates. The last date for submission of the application is May 1.
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