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Court Flags Serious Lapse in Issuing EWS Certificate Despite Excess Land Ownership
Chandigarh: The Punjab and Haryana High Court has directed the Haryana government to conduct a time-bound probe into the conduct of revenue officials who issued an Economically Weaker Sections (EWS) certificate to an applicant despite land records clearly showing agricultural holdings beyond the prescribed eligibility limit.
Justice Sandeep Moudgil ordered the state to fix responsibility on erring officials and initiate penal action, while also implementing corrective measures to prevent misuse of the EWS reservation system.
Calling the lapse serious, the court directed the Haryana Chief Secretary to submit an action taken report within two months from February 24, stressing the need to restore public confidence in the certification process.
Appointment Cancelled After Court Finds Certificate Issued in Violation of EWS Norms
The court issued the directions while dismissing a petition challenging the cancellation of an appointment to the post of Assistant Professor at the Central University of Haryana.
The petitioner had argued that his EWS certificates, issued by the Tohana Tehsildar in 2021 and 2023, were valid and had never been officially cancelled. However, the court found that the certificate was issued in clear violation of EWS eligibility rules.
Justice Moudgil observed that the petitioner’s family owned 40 kanals and 8 marlas of agricultural land — approximately five acres — which exceeded the permissible limit for EWS eligibility. The court ruled that subsequent mutation of part of the land in the petitioner’s name did not reduce the overall family holding, as EWS norms require a combined assessment of family assets.
“Even if the certificate was formally issued, it was substantively contrary to central EWS norms and could not lawfully confer eligibility for reservation,” the court held.
Court Warns Against Systemic Misuse, Orders Accountability and Reform
The High Court strongly criticised the revenue authorities, noting that they had full access to jamabandi and land mutation records, yet failed to properly verify eligibility before issuing the certificate.
Justice Moudgil described the lapse as a serious dereliction of statutory duty, observing that such negligence undermines the credibility of the reservation system.
The court emphasised that appointments obtained through invalid reservation claims are legally void from the outset and cannot be protected under equitable considerations.
“The responsibility of issuing EWS certificates lies with revenue authorities precisely because they are custodians of land and income records. Failure to verify these records before certification reflects gross negligence,” the court observed.
The ruling places direct administrative accountability on the Haryana government and mandates systemic reforms to ensure stricter verification and prevent wrongful issuance of reservation certificates in the future.
With the Chief Secretary now required to report back to the court, the judgment signals a firm judicial push to curb misuse of EWS reservation benefits and enforce accountability within the revenue administration.
