A bench of Justices Anil Kshetarpal and Amit Mahajan made the observation while junking a petition by some EWS category candidates seeking the relaxation in upper age limit 
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EWS category cannot claim parity with SC, ST, OBC for age relaxations, says Delhi High Court

HC says EWS candidates cannot be equated with SC, ST, OBC, noting caste-based disadvantage is lifelong while economic hardship is fluid, while dismissing plea on age and attempt relaxations.

Udayan Kishore

NEW DELHI: The Delhi High Court has said that the economically weaker section (EWS) category candidates cannot claim automatic parity with those belonging to SC, ST, and OBC groups, since a person born into a disadvantaged group continues to face its consequences throughout life, unlike those caused by economic disadvantages, which is fluid.

A bench of Justices Anil Kshetarpal and Amit Mahajan made the observation while junking a petition by some EWS category candidates seeking the relaxation in upper age limit and number of attempts as available to candidates belonging to the SC, ST, and OBC categories in direct Central recruitments and employment.

The bench said that the EWS category, introduced only in 2019, stands on a fundamentally different footing from the other categories. The distinction between EWS and the SC, ST, and OBC categories is highlighted by the very nature of the disadvantage they seek to address, it added.

“EWS is concerned only with economic deprivation. The hardship faced by individuals in this category arises from lack of financial resources. It does not stem from social stigma or historical exclusion. While junking the plea, the bench said, “Caste, unlike economic status, is not a variable; it is fixed by birth.”

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