DIVYA versus UNION OF INDIA & ORS.

Citation: [2023] 15 S.C.R. 44 · Decided: 09-10-2023 · Supreme Court of India · Bench: J.K. MAHESHWARI · Disposal: Dismissed
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Judgment (excerpt)

[2023] 15 S.C.R. 44 : 2023 INSC 900
44
CASE DETAILS
DIVYA
v.
UNION OF INDIA & ORS.
(Writ Petition (C) No. 724 of 2023)
OCTOBER 09, 2023
[J. K. MAHESHWARI AND K. V. VISWANATHAN, JJ.]
HEADNOTES
Issue for consideration: What is the eligibility criterion for a 
candidate to stake a valid claim under the Economically Weaker Section 
(EWS) Category as per the Civil Services Examination Rules, 2022 r/w 
OM dtd.19.01.2019 and 31.01.2019; was the UPSC justiﬁ ed in prescribing 
the cut-oﬀ  date for possession and for uploading of the I&AC certiﬁ cates 
in the prescribed format to stake a valid claim under the EWS category; 
are the CSE-Rules 2022 enforceable in law; are rr. 13, 27(3) and 28 of the 
CSE-Rules 2022 constitutionally valid; was the UPSC justiﬁ ed in rejecting 
the claim of the petitioners for consideration under the EWS category?
Civil Services Examination Rules, 2022 – rr.13, 27, 28 – 
Prescriptions as to eligibility for Economically Weaker Section (EWS) 
category candidates – Non-fulﬁ llment of – As per Oﬃ  ce Memoranda 
dtd. 19.01.2019 & 31.01.2019 r/w rr.27, 28, CSE-2022 Rules, for claiming 
reservation under EWS category, the Income & Asset Certiﬁ cate 
(I&AC) must be as per the prescribed norms and in possession of the 
candidate on or before the cut-oﬀ  date – Petitioners did not possess the 
valid documentation determining their eligibility before the prescribed 
cut-oﬀ  date, were denied the beneﬁ t of reservation of the EWS category 
by the Union Public Service Commission (UPSC) for the 2022 Civil 
Services Examination – Propriety:
Held: Candidates claiming beneﬁ t of EWS Category for the purpose 
of CSE-2022, acquired eligibility only if they met the criterion prescribed in 
the O.M. dtd.19.01.19 and 31.01.19 and were in possession of the required 
I&AC, based on the income for the year 2020-21 – Further, as required u/r.28 
45
r/w the aforesaid O.Ms, the candidate should have been in possession of the 
I&AC as on 22.02.2022 – Any candidate not in possession of the I&AC in 
the prescribed format could not claim the beneﬁ t of EWS Category – Equally, 
as required u/r.13 at the stage of Detailed Application Form–I (DAF-I), the 
document in possession as on 22.02.2022 in the prescribed format, had to 
be submitted online before the prescribed date – UPSC strictly acted in 
accordance with the mandate of r.13 r/w/ rr.27 & 28 – They had an obligation 
to scrutinize the forms as uploaded with DAF-I – rr.13, 27 & 28 are to be 
r/w the Oﬃ  ce Memoranda of 19.01.2019 & 31.01.2019 especially clause 
5 of the Oﬃ  ce Memorandum of 31.01.2019 – UPSC justiﬁ ed in rejecting 
the candidature of the candidates who submitted their I&AC beyond the 
stipulated deadline and rejecting their claim for consideration under the EWS 
Category in CSE-2022 – Case of the Petitioners in Writ Petition (C) Nos.705 
and 764 fails additionally, for being directly covered by the judgment of the 
Supreme Court in Union Public Service Commission vs. Gaurav Singh & 
Ors. in C.A. No.4152 of 2022. [Paras 74, 86 (i)]
Civil Services Examination Rules, 2022 – Beneﬁ ts under the EWS 
Category – Cut-oﬀ  date for eligibility prescribed – Justiﬁ cation:
Held: The UPSC was justiﬁ ed in prescribing the cut-oﬀ  date for 
possession and for uploading of the I&AC in the prescribed format for 
claimants claiming beneﬁ ts under the EWS Category – This ﬂ ows from the 
O.M. dtd. 19.01.2019 & 31.01.2019 r/w rr.13, 27(3) and 28 of the CSE-Rules, 
2022 and the long line of judgments in which principles for prescription of 
cut-oﬀ  for eligibility are laid down – Service Law. [Para 86 (ii)]
Civil Services Examination Rules, 2022 – Validity:
Held: The CSE-2022 Rules have the force of an enforceable law – They 
are traceable to the All India Services Act, 1951 r/w the Indian Administrative 
Service (Recruitment) Rules, 1954 r/w the Indian Administrative Service 
(Appointment by Competitive Examination) Regulations, 1955 and all this 
r/w Article 73 of the Constitution of India – The CSE Rules do not in any 
manner supplant any of the provisions of the All India Service Act or the IAS 
Recruitment Rules or the IAS (Appointment by Competitive Examination) 
Regulations – They only supplement them – While the manner of conduct 
of examinations is clearly traceable to Regulation 3, it is untenable to say 
that since Regulation 4 in the conditions of eligibility does not prescribe 
DIVYA v. UNION OF INDIA & ORS.
46  
SUPREME COURT REPORTS 
[2023] 15 S.C.R.
EWS category a
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