Gujarat HC asks GPSC to clarify if EWS candidate can migrate to General category on higher merit score

Gujarat High Court on Monday asked the Gujarat Public Service Commission (GPSC) to explicitly state whether a candidate who was disqualified from the Economically Weaker Section (EWS) quota can be considered under the General (unreserved) category based on her higher merit score. 

The petitioner’s counsel contended that SC, ST, and SEBC candidates are routinely allowed to migrate to the open General category if they cross the unreserved cut-off, and questioned why a similar migration benefit is being denied to an EWS candidate who meets the merit criterion.

Opposing the petition, GPSC’s counsel strongly contended that migration from the EWS category to the General category is not permissible under the rules. The court, however, directed the commission’s lawyer to obtain specific instructions on the issue by November 21.

Bhansali, who had applied under the 10 per cent EWS quota for the GPSC Class-1 and Class-2 (Gujarat Administrative Service), was declared ineligible in February 2023 for not submitting the mandatory family income certificate on specified time.

Having scored 213 marks in premilinary examination— far above the General category cut-off of 176 — Bhansali challenged her disqualification and urged the Gujarat High Court to direct GPSC to consider her under the unreserved category on the strength of her merit.