The Delhi High Court has held that candidates belonging to the Economically Weaker Section cannot claim parity with those from the Scheduled Castes, Scheduled Tribes and Other Backward Classes in matters such as age relaxation and the number of permissible attempts in central government recruitment examination, The Hindu reported on Saturday.
The disadvantages faced by socially backward classes and economically weaker sections are not comparable, the newspaper quoted the court as saying in its judgement on Thursday.
A bench of Justices Anil Kshetarpal and Amit Mahajan was hearing a petition filed by Economically Weaker Section candidates, who argued that despite the 10% quota introduced for the category through the 103rd Constitutional Amendment, the absence of ancillary benefits such as age relaxation placed them at a disadvantage, Bar and Bench reported.
Under the rules of the Union Public Service Commission, candidates from SC and ST categories are eligible for age relaxation of up to five years, while OBC candidates are allowed age relaxation of up to a maximum of three years. Certain relaxation in the maximum number of attempts to such candidates is also provided.
On Thursday, the bench said that the distinction between the economically weaker section and the socially backward classes is “highlighted by the very nature of the disadvantage they seek to address”.
“EWS is concerned only with economic deprivation,” The Hindu quoted the bench as saying. “The hardship faced by individuals in this category arises from lack of financial resources. It does not stem from social stigma or historical exclusion”.
It added: “SC, ST, and OBC categories are rooted in deep and long-standing social and educational backwardness.”
“These groups have suffered discrimination and ostracism for generations, solely on account of their caste,” The Hindu quoted the bench as saying. “Such a disadvantage is structural and enduring.”
The court also observed that “caste, unlike economic status, is not variable”.
“It is fixed by birth and cannot be changed,” the newspaper quoted the bench as saying. “A person born into a disadvantaged caste continues to face its consequences throughout life.”
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