EWS Reservation Can't Be Claimed By Those Already Holding Reserved Category: J&K HC Cancels MBBS Admission Secured Under Misrepresented EWS Status

The High Court of Jammu & Kashmir and Ladakh has ruled that an individual seeking to claim reservation under the Economically Weaker Sections category must not fall under any of the reserved categories, including Scheduled Tribes, Scheduled Castes, Reserved Backward Areas, or any other similar categories. Citing Section 2 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 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 category must not fall under any of the reserved categories, including Scheduled Tribes, Scheduled Castes, Reserved Backward Areas 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, Mohd. The court canceled Farooq's MBBS admission, which he had secured using the fraudulent EWS certificate, and directed the Jammu and Kashmir Board of Professional Entrance Examinations to reallocate the seat to the next eligible candidate. The court clarified that individuals covered under existing reservation schemes are not entitled EWS benefits and concluded that Farooq, who held a valid RBA certificate, was ineligible for an EWS certificate. Upholding the cancellation of Farooq's EWS certificate and his subsequent admission to the MBBS course the court directed JKBOPEE to reallocate the vacant seat to the next eligible candidate in the merit list, Basit Ahmad Bhat.