CWP-12625 IN THE HIGH COURT OF PUNJAB AND HARYANA (157) Brijesh State of Haryana and CORAM: Present: KULDEEP TIWARI 1. the Constitution of India, a prayer is made for issuance of a the respondents, to family income, i.e. 2. uploaded the application on the HRMS Portal, and has fulfilled all the requisite formalities, for issuance of ‘EWS Certificate’, as the applied for CET of June, 2025. the income of the petitioner, as more than Rs.6,00,000/ ‘EWS Certifi 3. of Mr. J. Ganesan, CEO, Haryana Parivar Pehchan Patra Authority, Haryana, 2625-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Versus State of Haryana and others HON’BLE MR. JUSTICE KULDEEP TIWARI Mr. Ankur Kaushik, Advocate for the petitioner. Mr. Pankaj Mulwani, DAG, Haryana for respondents No.1 to 3. **** KULDEEP TIWARI, J.(ORAL) Through the instant writ petition, cast under Articles 226/227 of the Constitution of India, a prayer is made for issuance of a the respondents, to issue ‘EWS Certificate’ to the petitioner, as per his actual family income, i.e. Rs.5,40,000/-. Learned counsel for the petitioner submits that the petitioner has uploaded the application on the HRMS Portal, and has fulfilled all the requisite formalities, for issuance of ‘EWS Certificate’, as the applied for CET-Haryana Exam, which is most likely of June, 2025. He further submits that the HRMS Portal, is wrongly capturing the income of the petitioner, as more than Rs.6,00,000/ ‘EWS Certificate’ is not being issued to him. In response, a short reply dated 27.05.2025, by way of affidavit of Mr. J. Ganesan, CEO, Haryana Parivar Pehchan Patra Authority, Haryana, 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-12625-2025 Date of Decision : 29.05.2025 …Petitioner ...Respondents KULDEEP TIWARI Pankaj Mulwani, DAG, Haryana the instant writ petition, cast under Articles 226/227 of the Constitution of India, a prayer is made for issuance of a mandamus, upon issue ‘EWS Certificate’ to the petitioner, as per his actual Learned counsel for the petitioner submits that the petitioner has uploaded the application on the HRMS Portal, and has fulfilled all the requisite formalities, for issuance of ‘EWS Certificate’, as the petitioner has most likely to be held in the month He further submits that the HRMS Portal, is wrongly capturing the income of the petitioner, as more than Rs.6,00,000/-, and therefore, the cate’ is not being issued to him. a short reply dated 27.05.2025, by way of affidavit of Mr. J. Ganesan, CEO, Haryana Parivar Pehchan Patra Authority, Haryana, the instant writ petition, cast under Articles 226/227 of , upon issue ‘EWS Certificate’ to the petitioner, as per his actual Learned counsel for the petitioner submits that the petitioner has uploaded the application on the HRMS Portal, and has fulfilled all the petitioner has to be held in the month He further submits that the HRMS Portal, is wrongly capturing , and therefore, the a short reply dated 27.05.2025, by way of affidavit of Mr. J. Ganesan, CEO, Haryana Parivar Pehchan Patra Authority, Haryana, MANPREET SINGH 2025.05.29 17:28 I attest to the accuracy and authenticity of this order/judgment CWP-12625 on behalf of the respondents No.1 to 3, has been filed. 4. some Standard Operation Procedure Parivar Pehchan Patra reply (supra), that there is approved by the ADCs of the respective districts in the State of Haryana, and the income slabs, which are recognized under the PPP database for individuals, are extracted hereinafter : 5. system does not perform exact summation based on field petitioner, and his family comes out to be more than Rs.6,00,000/ portal, and therefore, as per the income slabs, he is not entitled for Certificate’. 6. the policy dated 25.02.2019, as issued by the General Administration Department (GAD), Govt. of Haryana, income and assets under the existing scheme of reservation for Scheduled Caste, Backward Classes (Black gross annual income below Rs.6,00,000/ 2625-2025 on behalf of the respondents No.1 to 3, has been filed. As per the reply (supra), the department concerned, has framed some Standard Operation Procedure (SOP) Parivar Pehchan Patra (PPP). However, it is surfaced from a), that there is a structural income approved by the ADCs of the respective districts in the State of Haryana, and the income slabs, which are recognized under the PPP database for individuals, are extracted hereinafter :- “1. Rs.1.00 lakh to Rs. 1.40 lakh 2. Rs.1.40 lakh to Rs. 1.80 lakh 3. Rs.1.80 lakh to Rs. 3.00 lakh 4. Rs.3.00 lakh to Rs.5.00 lakh 5. Rs.5.00 lakh to Rs.6.00 lakh 6. Rs.6.00 lakh to Rs.8.00 lakh 7. Rs. 8.00 lakh to Rs.10.00 lakh etc.” Further, it is specifically admitted in the reply does not perform exact summation, field-level verification. In the present case, petitioner, and his family comes out to be more than Rs.6,00,000/ and therefore, as per the income slabs, he is not entitled for . Learned counsel for the petitioner, while placing reliance upon the policy dated 25.02.2019, as issued by the General Administration Department (GAD), Govt. of Haryana, which prescribes the criteria for income and assets, and as per Clause 4.1, any persons who are not covered under the existing scheme of reservation for Scheduled Caste, Backward Classes (Black-A) and Backward Classes (Block annual income below Rs.6,00,000/-, are to be identified as EWSs for 2 on behalf of the respondents No.1 to 3, has been filed. the department concerned, has framed (SOP) and technical framework for (PPP). However, it is surfaced from the perusal of the structural income classification, duly verified and approved by the ADCs of the respective districts in the State of Haryana, and the income slabs, which are recognized under the PPP database for 1. Rs.1.00 lakh to Rs. 1.40 lakh . Rs.1.40 lakh to Rs. 1.80 lakh 3. Rs.1.80 lakh to Rs. 3.00 lakh 4. Rs.3.00 lakh to Rs.5.00 lakh 5. Rs.5.00 lakh to Rs.6.00 lakh 6. Rs.6.00 lakh to Rs.8.00 lakh 7. Rs. 8.00 lakh to Rs.10.00 lakh etc.” Further, it is specifically admitted in the reply (supra), that PP but records verified income range level verification. In the present case, since the income of the petitioner, and his family comes out to be more than Rs.6,00,000/-, in the and therefore, as per the income slabs, he is not entitled for ‘EWS Learned counsel for the petitioner, while placing reliance upon the policy dated 25.02.2019, as issued by the General Administration which prescribes the criteria for , and as per Clause 4.1, any persons who are not covered under the existing scheme of reservation for Scheduled Caste, Backward A) and Backward Classes (Block-B), and whose family has , are to be identified as EWSs for the department concerned, has framed and technical framework for the perusal of the classification, duly verified and approved by the ADCs of the respective districts in the State of Haryana, and the income slabs, which are recognized under the PPP database for (supra), that PPP range since the income of the , in the ‘EWS Learned counsel for the petitioner, while placing reliance upon the policy dated 25.02.2019, as issued by the General Administration which prescribes the criteria for , and as per Clause 4.1, any persons who are not covered under the existing scheme of reservation for Scheduled Caste, Backward B), and whose family has , are to be identified as EWSs for MANPREET SINGH 2025.05.29 17:28 I attest to the accuracy and authenticity of this order/judgment CWP-12625 benefit of reservation. 7. opinion that the income slabs, as framed for running the portal effectively under the Standard Operating Procedure (SOP), is in direct confrontation with the policy dated 25.02.2019 2625-2025 benefit of reservation. The relevant extract is reproduced hereunder : “CRITERIA OF INCOME & ASSESTS 4.1 Persons who are not covered under the existing scheme of reservation for Schedule (Block-A) and Backward Classess (Block family has gross annual income below Rs. 6.00 lakh (Rupees six lakh only) are to be identified as EWSs for benefit of reservation Income shall also include income from all sources i.e. salary, agriculture, business, profession etc. for the financial year prior to the year of application. 4.2 Also persons whose family owns or possesses any of the following assets shall be excluded from being identified as EWS, irrespective of the i. 5 acres of agricultural land and above. ii. Residential flat of 1000 sq. ft. and above. iii. Residential plot of 100 sq. Yards and above in notified municipalities. iv. Residential plot of 200 sq. Yards and above in areas other than the notified municipalities. v. Total immovable assets owned are valued at Rs. One Crore or more. 4.3 The property held by a "Family" in different locations or different places/cities would be clubbed while applying the land or property holding test to determi 4.4 The team "Family" for this purpose will include the person who applies for benefit of reservation, his/her parents, spouse as well as children and siblings below the age of 18 years.” In view of the specific notification, this Court opinion that the income slabs, as framed for running the portal effectively under the Standard Operating Procedure (SOP), is in direct confrontation with the policy dated 25.02.2019. It is not under dispute that total income of the 3 The relevant extract is reproduced hereunder :- CRITERIA OF INCOME & ASSESTS 4.1 Persons who are not covered under the existing scheme of reservation for Scheduled Caste, Backward Classes A) and Backward Classess (Block-B) and whose family has gross annual income below Rs. 6.00 lakh (Rupees six lakh only) are to be identified as EWSs for benefit of reservation Income shall also include income s i.e. salary, agriculture, business, profession etc. for the financial year prior to the year of 4.2 Also persons whose family owns or possesses any of the following assets shall be excluded from being identified as EWS, irrespective of the family income:- i. 5 acres of agricultural land and above. ii. Residential flat of 1000 sq. ft. and above. iii. Residential plot of 100 sq. Yards and above in notified iv. Residential plot of 200 sq. Yards and above in areas notified municipalities. v. Total immovable assets owned are valued at Rs. One 4.3 The property held by a "Family" in different locations or different places/cities would be clubbed while applying the land or property holding test to determine EWS status. 4.4 The team "Family" for this purpose will include the person who applies for benefit of reservation, his/her parents, spouse as well as children and siblings below the In view of the specific notification, this Court is of the considered opinion that the income slabs, as framed for running the portal effectively under the Standard Operating Procedure (SOP), is in direct confrontation with . It is not under dispute that total income of the 4.1 Persons who are not covered under the existing scheme d Caste, Backward Classes B) and whose family has gross annual income below Rs. 6.00 lakh (Rupees six lakh only) are to be identified as EWSs for benefit of reservation Income shall also include income s i.e. salary, agriculture, business, profession etc. for the financial year prior to the year of 4.2 Also persons whose family owns or possesses any of the following assets shall be excluded from being identified iii. Residential plot of 100 sq. Yards and above in notified iv. Residential plot of 200 sq. Yards and above in areas v. Total immovable assets owned are valued at Rs. One 4.3 The property held by a "Family" in different locations or different places/cities would be clubbed while applying ne EWS status. 4.4 The team "Family" for this purpose will include the person who applies for benefit of reservation, his/her parents, spouse as well as children and siblings below the is of the considered opinion that the income slabs, as framed for running the portal effectively under the Standard Operating Procedure (SOP), is in direct confrontation with . It is not under dispute that total income of the MANPREET SINGH 2025.05.29 17:28 I attest to the accuracy and authenticity of this order/judgment CWP-12625 petitioner is less than Rs.6,00,000/ of the portal, the petitioner cannot be held disentitled for ‘EWS Certificate’. 8. imparted to him by Mr. Labh Faridabad, informs this Court, Faridabad, with all the relevant documents, so as to establish that his family income is less than Rs.6,00,000/ take a final decision regarding EWS status of the petitioner. 9. a mandamus within a period of three days, from the da within the next seven days thereafter, shall take a final decision, with regard to the EWS status of the petitioner he may be provided ‘EWS Certificate’, in accordance 10. May 29, 2025 Manpreet 2625-2025 titioner is less than Rs.6,00,000/-. However, solely on account of the portal, the petitioner cannot be held disentitled for ‘EWS Certificate’. At this stage, learned counsel for the State, on instructions imparted to him by Mr. Labh Singh, Deputy Superintendent, HPPA, ADC Faridabad, informs this Court, that the petitioner can approach the ADC, Faridabad, with all the relevant documents, so as to establish that his family income is less than Rs.6,00,000/-, and thereafter, the ADC concerned, wil take a final decision regarding EWS status of the petitioner. In view of the above, the instant writ petition is mandamus, upon the ADC concerned, that in case, the petitioner approaches within a period of three days, from the date of passing of this order, the latter, within the next seven days thereafter, shall take a final decision, with regard to the EWS status of the petitioner, and in case, the petitioner is found entitled, he may be provided ‘EWS Certificate’, in accordance Consequently, the instant writ petition is 2025 Whether speaking/reasoned Whether reportable 4 . However, solely on account of limitati the portal, the petitioner cannot be held disentitled for ‘EWS Certificate’. At this stage, learned counsel for the State, on instructions puty Superintendent, HPPA, ADC that the petitioner can approach the ADC, Faridabad, with all the relevant documents, so as to establish that his family , and thereafter, the ADC concerned, wil take a final decision regarding EWS status of the petitioner. In view of the above, the instant writ petition is disposed of, with , upon the ADC concerned, that in case, the petitioner approaches te of passing of this order, the latter, within the next seven days thereafter, shall take a final decision, with regard to , and in case, the petitioner is found entitled, he may be provided ‘EWS Certificate’, in accordance with law. Consequently, the instant writ petition is disposed of. (KULDEEP TIWARI) JUDGE : Yes/No : Yes/No ion At this stage, learned counsel for the State, on instructions puty Superintendent, HPPA, ADC that the petitioner can approach the ADC, Faridabad, with all the relevant documents, so as to establish that his family , and thereafter, the ADC concerned, will , with , upon the ADC concerned, that in case, the petitioner approaches te of passing of this order, the latter, within the next seven days thereafter, shall take a final decision, with regard to , and in case, the petitioner is found entitled, MANPREET SINGH 2025.05.29 17:28 I attest to the accuracy and authenticity of this order/judgment