I was refused EWS reservation in a Aligarh government job because my family income calculation was challenged. How do I fight it?

Detailed Legal Analysis

To challenge the refusal of EWS (Economically Weaker Sections) reservation in your Aligarh government job, you can take several steps to contest the decision regarding the family income calculation.

Here are the steps you can follow:

• Understand the Criteria: Familiarize yourself with the criteria for EWS reservation as defined in the Government of India’s Office Memorandum dated January 17, 2019. Key points include:
  • Family income should be below Rs. 8 lakhs per annum.
  • Eligibility is based on the combined income of all family members.
  • Family includes parents, siblings, and spouse.
• Gather Documentation: Collect all necessary documents to support your claim, including:
  • Income certificate from the relevant authority.
  • Tax returns for the last three years.
  • Any other financial documents that can substantiate your claim.
• File a Grievance: If your application was rejected, file a formal grievance with the recruitment authority or the designated officer in the department where you applied. Include:
  • Your application form and any rejection letters.
  • The supporting documents you have gathered.
  • A clear statement explaining why you believe the rejection was incorrect.
• Approach the High Court: If the grievance redressal does not yield satisfactory results, consider filing a writ petition in the Allahabad High Court under Article 226 of the Indian Constitution. Your petition should include:
  • Facts of the case and grounds for challenging the rejection.
  • Supporting documents and evidence.
  • A request for a direction to the authorities to reconsider your application.
• Seek Legal Assistance: It may be beneficial to consult a lawyer who specializes in constitutional law and public service matters. They can provide guidance on:
  • Legal arguments to support your case.
  • Preparation of documents and representation in court if necessary.

By following these steps and ensuring you have the necessary documentation and legal backing, you can effectively challenge the refusal of EWS reservation in your government job application.