EWS RESERVATION

Dear Client,
From the contents of the query, it appears that the stand taken by the Tehashildar behind the rejection of the EWS application is arbitrary, absurd, and untenable under the law. A property cannot be parted without the consent of the owner while he or she is alive, and based on the uncertain future consequences, an authority cannot react or reject an application of an eligible candidate when he meets all the eligible criteria for issuance of an EWS Certificate. In the given scenario, you can file an appeal before the SDM or the District Magistrate/Collector against the order of the Tehashildar rejecting your application for the EWS Certificate, seeking review of the order of the Tehashildar, failing which, you may file a writ petition before the High Court under Article 226 of the Constitution seeking appropriate relief in the matter. In the case of Sadiya Sidiq Lone vs UT of J&K and others, 2025, Livelaw (JKL), the Hon'ble Jammu and Kashmir High Court has ruled that an Economically Weaker Section (EWS) certificate cannot be denied solely based on land mutation records. The court emphasized that a thorough inquiry must be conducted to determine eligibility, ensuring the applicant has a fair opportunity to present their case before a decision is made. If required, consult with an experienced Advocate for tailored advice to navigate the issue in the right way.

Dear Sir,
Take the rejection endorsement issued by the Tahsildar and challenge the same before concerned higher appellate authority as may be provided in your state or just approach high court of Jammu and Kashmir and get direction to issue EWS certificate in your favor.