DIVYA Vs. UNION OF INDIA

JUDGEMENT

(1.) These writ petitions raise questions involving the interpretation of the Office Memoranda [OM] dtd. 19/1/2019 and 31/1/2019 prescribing the eligibility for the Economically Weaker Sec. [EWS] Category. Additionally, they also involve the interpretation of the Civil Services Examination Rules, 2022 [CSE-2022 Rules], particularly, Rules 13, 27 and 28 thereof. The petitioners, for diverse reasons, were denied the benefit of the EWS category by the Union Public Service Commission [UPSC] for the Civil Services Examination of the year 2022. Was the UPSC justified in denying them the benefit of reservation under the EWS category, is the main question involved. The three Writ Petitions involve different sets of facts. The factual parts are dealt with separately. The legal submissions broadly overlap. Whereever they need to be separately discussed, the same has been done at the appropriate place.

(2.) The petitioner - Ms. Divya was a candidate for the Civil Services Examination, 2022 (CSE-2022). She had already qualified for the Indian Police Service in the Civil Services Examination, 2021 and was allotted the Manipur Cadre. Wanting to fulfil her ambition of joining the Indian Administrative Service (IAS), she applied for the CSE-2022. The category in which she wanted to be considered was in the Economically Weaker Sec. (EWS) category.

(3.) The CSE-2022 is governed by the Civil Services Examination Rules, 2022. These Rules were promulgated on 2/2/2022. These Rules are crucial for the adjudication of the case as the outcome of the case turns on the interpretation of these Rules, particularly, Rules 13, 27 and 28 thereof.