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2026 DAILYLAW 3248 (CAL)

DONA DAS v. THE STATE OF WEST BENGAL AND ORS.

WPA/213/2026 · 2026-03-20

Gaurang Kanth

body2026

Judgment text

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20.03.2026 In The High Court at Calcutta Ct. No. 5 Circuit Bench at Jalpaiguri Sl. No.7 akd W. P. A. 213 of 2026 [Smt. Dona Das -Vs- The State of West Bengal & Ors.] Mr. Shubhankar Dutta Ms. Somdutta Patra Ms. Swagata Mitra … … for the petitioner Mr. Subir Kumar Saha .. ld. A.G.P. Mr. Momenur Rahman … … for the State 1. Affidavit-of-service filed in court today is taken on record. 2. The petitioner has preferred the present writ petition being aggrieved by the alleged inaction on the part of the respondent authorities in not expeditiously considering the petitioner’s application dated 26.01.2026 for revalidation/updation of the OBC-B (non-creamy layer) caste certificate and for issuance of the updated certificate on an urgent basis. 3. It is the case of the petitioner that she belongs to the Barujibi/Barui caste, which is recognized as the Other Backward Class (OBC). The petitioner was duly issued an OBC certificate bearing No. WB0203OBC201400009 dated 02.12.20214 by the Sub-Divisional Officer, Mal, Dist. Jalpaiguri, West Bengal upon due verification and scrutiny by the competent authority. It is submitted that the petitioner has completed her B.Sc. in Nursing from Sikkim Manipal College of Nursing, Sikkim and is presently seeking employment. In this regard, the petitioner had applied for 2 the post of Community Health Officer in a recruitment process initiated by the Department of Health & Family Welfare, Government of West Bengal under the National Health Mission (NHM). The petitioner submits that she has already been selected. The petitioner now needs the revalidated/updated OBC-B (non-creamy layer) caste certificate for further processing of her case. The petitioner had submitted a representation 05.02.2026 before the competent authority requesting expeditious consideration of her application. However, no decision has been taken on the said representation till date. 4. Learned Advocate for the State-respondents submits that the competent authority has no objection in considering the application of the petitioner dated 26.01.2026 in accordance with law. 5. In view of the submissions made by the learned Advocate for the State-respondents, learned counsel for the petitioner submits that his client shall be satisfied if the application dated 26.01.2026 is decided in a time bound manner by the competent authority. 6. Accordingly, this Court directs the Sub-Divisional Officer, Malbazar Sub-Division (respondent no.2) to consider and decide the application of the petitioner dated 26.01.2026 for revalidation/updation of the OBC-B (non-creamy layer) caste certificate in accordance with law and in terms of the relevant rules, by passing a reasoned and speaking order within a period of four weeks from the date of communication of this order taking into consideration the 3 urgency involved in the recruitment process vis-à-vis the petitioner. 7. Needless to mention that this Court has not expressed any opinion on the merits of the claim of the petitioner and all issues are left open to be decided by the competent authority in accordance with law. 8. With the aforesaid directions, the present writ petition is disposed of. 9. Since no affidavits have been filed by the respondents, the allegations made in the writ petition shall not be deemed to have been admitted. 10. Let urgent Photostat certified copy of this order, if applied for, be supplied to the parties on usual undertaking. (Gaurang Kanth, J.)