Lok Sabha Question No. 1265 (UNSTARRED), answered on 2022-02-09
Subject: Reservation for EWS
Ministry: PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
Asked by: Kumbakudi Sudhakaran, Shashi Tharoor

## GOVERNMENT OF INDIA MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS (DEPARTMENT OF PERSONNEL & TRAINING)

## LOK SABHA UNSTARRED QUESTION NO. 1265

(TO BE ANSWERED ON 09.02.2022)

## RESERVATION FOR EWS

## 1265. SHRI KUMBAKUDI SUDHAKARAN: DR. SHASHI THAROOR:

Will the PRIME MINISTER be pleased to state:

- (a) whether the Government has introduced reservation for Economically Weaker Sections (EWS)  for  direct  recruitment  in  civil  posts  and  services  in  the  Government  since 1.02.2019 and if so, the details thereof;
- (b) whether  the  Government  notification  36039/1/  2019-Estt.  (Res)  dated  19.01.2019  on EWS recruitment stipulates that the family of the candidate cannot own a residential plot (other than in notified municipalities) of 200 square yards or more and if so, the details thereof;
- (c) whether  residential  plots  situated  adjacent  to/  within  the  agricultural  land  shall  be considered as part of the agricultural land;
- (d) if  so,  whether  the  Government  is  aware  that  in  several  States  including  Kerala,  the residential plots are part of agricultural land and no clear distinction between agricultural plot and residential plot has been made;
- (e) if  so,  whether  the  Government  is  considering  to  issue  a  clarification  on  the  aforesaid criteria, as many applicants are not able to get EWS certificates issued as a result thereof; and
- (f) if so, the details thereof and if not, the reasons therefor?

## ANSWER

## MINISTER OF STATE IN THE MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS AND MINISTER OF STATE IN THE PRIME MINISTER'S OFFICE (DR. JITENDRA SINGH)

(a):   In pursuance of Article 16(6) of the Constitution and in order to enable the EWSs, who are not covered under the existing scheme of reservations for the Scheduled Castes, the Scheduled Tribes and the Socially and Educationally Backward Classes, to receive the benefit of reservation in civil posts and services in the Government of India, Department of Personnel and Training, vide Office Memorandum dated 19.1.2019, has notified that 10% reservation would be provided for  EWSs  in  Central  Government  posts  and  services  and  would  be  effective  in  respect  of  all direct recruitment vacancies to be notified on or after 01.02.2019.

(b):    As  per  OM,  dated  19.1.2019, persons who are not  covered under the existing scheme of reservations for the Scheduled Castes, the Scheduled Tribes and the Socially and Educationally Backward  Classes  and  whose  family  has  gross  annual  income  below  Rs.8.00  lakh  are  to  be identified as EWSs for the benefit of reservation. Also persons whose family owns or possesses any of the following assets shall be excluded from being identified as EWSs, irrespective of the family income: -

- i)    5 acres of Agricultural Land and above;
2. ii)   Residential flat of 1000 sq. ft. and above;
3. iii)  Residential plot of 100 sq. yards and above in notified municipalities;
4. iv)  Residential plot of 200 sq. yards and above in areas other than the notified municipalities.

(c):      As  the  issue  falls  in  the  domain  of  the  concerned  State  Government,  it  is  considered  in terms of the relevant State Government guidelines.

(d):    The State Government of Kerala has intimated this position.

(e) & (f):    As per the directions of the Supreme Court in Writ Petition (Civil) No.961 of 2021 Neil Aurelio Nunes vs. Union of India, a Committee was constituted by the Government under the  Chairmanship  of  Shri  Ajay  Bhushan  Pandey,  Former  Finance  Secretary,  Government  of India, on 30 th November, 2021 with following terms of reference:

1.  To  re-visit  the  criterion  given  for  determining  EWS  category  keeping  in  view  the observations of the Supreme Court in their Order dated 21.10.2021.
2. To examine various approaches, so far, followed in the country for identifying EWSs, and;
3.  Recommend criteria that may be adopted for identifying EWS category in future.

The Committee submitted its report to the Government on 30th December, 2021, which has immediately been submitted before the Supreme Court.

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