The Tamil Nadu government on Thursday informed the Madras High Court that the income certificate issued to the Economically Weaker Sections (EWS) can be used only to apply for posts under the 10 per cent quota in central government jobs and educational institutions.
Making his submissions before a division bench of Justices M M Sundresh and R Hemalatha, Advocate General Vijay
Narayan said it was for the Centre to clarify whether the certificate issued by the state government was valid in other states or not.
Such certificates are issued with the rider as per the memorandum of the central government, he said when a batch of petitions by Akhila Bharatha Brahmin Association and others seeking issuance of the income certificate for EWS, came up.
The AG made the clarification after the bench sought to know as to why such a condition that the certificate would be valid only for getting central government jobs and admissions in the centrally-run educational institutions, was laid down.
The petitioners moved the court challenging the June 4 revenue department order directing the district collectors to instruct their subordinates not to issue income certificates or assets certificates to economically weaker sections either online or manually.
During the course of hearing, the state submitted that the order was issued as the erstwhile commissioner of revenue administration had decided to issue the certificates without consulting the government.
The government also said that the matter was referred to a group of senior ministers to take a policy decision.
On July 13, it said the state had consented to issue the income certificates.
Since the consent was accorded with a condition that such certificates can be used to avail 10 percent reservation only in central government services and educational institutions, the petitioners opposed it.
"As per the Constitutional amendment brought in to provide EWS reservation, even private institutions can decide
to provide the quota at their discretion.
Therefore, if the certificate is issued with such a condition it cannot be used to avail such reservation in private institutions," the petitioners claimed.
Recording the submissions, the bench directed the advocate general to clarify the aspect with the government and file an affidavit in the court by July 30.