EWS Reservation Can’t Be Claimed By Those Already Holding Reserved Category: J&K HC, Cancels MBBS Admission

Srinagar: The High Court of Jammu & Kashmir and Ladakh has ruled that an individual seeking to claim reservation under the Economically Weaker Sections (EWS) category must not fall under any of the reserved categories, including Scheduled Tribes (STs), Scheduled Castes (SCs), Reserved Backward Areas (RBA), or any other similar categories.

Citing Section 2(o) of the J&K Reservation Act along with the amendment effectuated by SRO 518 Justice Wasim Sadiq Nargal remarked, “a unified interpretation of Section 2(o) of the Reservation Act along with the amendment effectuated by SRO 518 dated 02.09.2019, and the clarification/office memorandum dated 5.06.2020, indisputably establishes that an individual seeking to claim reservation in the Economically Weaker Sections (EWS) category must not fall under any of the reserved categories, including Scheduled Tribes (STs), Scheduled Castes (SCs), Reserved Backward Areas (RBA) or any other similar categories.”

The court’s decision came in response to a case involving the fraudulent acquisition of an EWS certificate by a candidate, who had already been classified under the RBA category. The court cancelled his MBBS admission, which he had secured using the fraudulent EWS certificate, and directed the Jammu and Kashmir Board of Professional Entrance Examinations (JKBOPEE) to reallocate the seat to the next eligible candidate.

The case revolved around two petitions with one involving Ansh Mahajan who scored 404 marks in the NEET-UG 2024 exam, alleging that Umar Farooq had fraudulently obtained an EWS certificate despite already holding a valid RBA certificate. Mahajan contended that Farooq’s admission to the MBBS course under the EWS category was illegal and deprived him of his rightful seat. Farooq, on the other hand, in another petition, challenged the cancellation of his EWS certificate by the Tehsildar of Ramban, arguing that the cancellation was done without proper application of mind and that he had fulfilled all the necessary criteria for the EWS certificate.

While adjudicating the matter the court formulated several key questions to address the issues raised in the petitions. Answering the question as to whether an individual holding an RBA reservation certificate, without surrendering it, is eligible for an EWS certificate the court observed that SRO 518 explicitly prohibits individuals already benefiting from any other reservation category (such as ST, SC, or RBA) from obtaining an EWS certificate. The court clarified that individuals covered under existing reservation schemes are not entitled EWS benefits and concluded that Umar Farooq, who held a valid RBA certificate, was ineligible for an EWS certificate.