19.08.2026 31 sdas WPA 22117 of 2026 Sahinur Ali Vs. State of West Bengal & Ors. Mr. Sarwar Jahan Mr. Shamimul Bari Ms. Asmita Mitra Ms. Shalini Sen Ms. Sahina Parvin .….. for the petitioner Mr. D. N. Roy, learned G.P. Mr. Pulakesh Bajpayee Mr. Subit Majumdar Ms. Prisanka Ganguly ……for the State 1. Let affidavit-of-service, as filed in Court, be kept on record. 2. A situation has arisen which can only be attributed to circumstantial deficiency. 3. The petitioner had applied for the post of Constable under the category of OBC-A in the West Bengal Police Recruitment Examination for the year, 2024. Pursuant to the advertisement issued by the West Bengal Police Recruitment Board dated March 5, 2024, the petitioner had participated in the process for recruitment under the category of OBC-A. 4. The petitioner’s application was pending consideration when by a decision of the Hon’ble Division Bench of this Court in the matter of WPO 60 2 of 2011 and Ors. passed on May 2, 2024, the entire list of SC/ST and OBC was set at rest. Though the State had carried an appeal therefrom before the Hon’ble Supreme Court of India, the same was subsequently withdrawn. The withdrawal resulting in a situation whereby the candidates in the reserved category were now to be considered as candidates in the general category. 5. To tide over the situation, the Government of West Bengal issued a Notification dated May 18, 2026, classifying the 66 classes who were to avail 7% reservation. 6. The petitioner did not fall within those classified castes who would be entitled to the reservation. Thus, the petitioner became a general category candidate during the process of the recruitment. 7. By a notice dated August 12, 2026, bearing no. WBPRB/Notice-2026/05 (Cons._WBP_24) dated August 12, 2026, the State Government somewhat afforded a concession to those candidates who became general category candidates from reserved category. For these candidates, the Notification of August 12, 2026 specified that if all such candidates possessed Economically Weaker Section (EWS) certificates valid for the year 2023-24 or onwards, the same will be treated under EWS category subject to uploading their valid certificates using the link. 3 8. The petitioner had obtained the EWS certificate sometime in July, 2026 and tried to apply as such. Unfortunately, for the petitioner the said application could not be uploaded as is evident from a screen shot at page no. 55 of the writ petition. Interestingly, the screen shot specifies that the EWS certificate must be issued on or after April 1, 2022 and before the scheduled date of interview. In these circumstances the petitioner approached this Court by way of the present writ petition. 9. Mr. Jahan, learned Advocate appearing for the petitioner has made the following submissions : (a)The petitioner is not at fault in any manner and had participated in the recruitment process upon fulfilling all eligibility criteria; (b)The petitioner, pursuant to the Notification dated August 12, 2026, was entitled to participate as a EWS candidate having requisite certificate which was issued within the stipulated time as specified by the State Government; (c )A mere technical glitch, being unable to upload (in the online mode) cannot be a restraint and cannot serve as a disabling factor for the petitioner from being considered for the recruitment process; (d)The petitioner is not seeking any additional right upon losing his reserve category but is merely seeking 4 to avail the leverage handed by the Notification dated August 12, 2026. 9. Mr. Roy, learned Government Pleader appearing with Mr. Bajpayee, learned Advocate, for the State respondents, has made the following submissions : (a)The interview of the petitioner had taken place on February 3, 2026; (b) At the time of the interview the petitioner did not have a EWS certificate and is, thus, not entitled to be considered in the EWS category. This has been clarified as it will appear from the screen shot annexed to the writ petition which specifies that the certificate should have been issued on or after April 1, 2022 and before the scheduled date of interview. Thus, not having such a EWS certificate before the scheduled date of interview (February 3, 2026) the petitioner is disentitled from being considered under EWS category; (c ) the petitioner will, at best, be considered under the unreserved category. 10. I have heard the learned Advocates for the appearing parties and considered the documents on record. 11. Before adverting to the merits of the case, “circumstantial error” is required to be elucidated. The petitioner, as and when he applied in 2024 for the recruitment process, was classified as an OBC-A 5 category candidate. There was absolutely no need for the petitioner, at that point of time, to obtain a EWS certificate. In fact, by virtue of the Notifications of the Government of India, dated January 31, 2019 and the Government of West Bengal dated July 9, 2019, the eligibility criteria for reservation specified that the persons who are not covered under the scheme of reservation for SCs/STs and OBCs are eligible for consideration under the “reserved quota” for Economically Weaker Section (EWS) in direct recruitment under civil posts and admission in the State of West Bengal. Thus, there was no possibility that the petitioner could have a EWS certificate on February 3, 2026, the date of his interview. The specification in the screen shot that the candidate would have to have a EWS certificate prior to the scheduled date of interview seems absolutely unwarranted and cannot be sustained. However, this issue is not before this Court for adjudication. 12. The petitioner would have no case had the Notification of August 12, 2026 not been issued. In the absence of such Notification, the petitioner would have been treated as an unreserved category candidate to which the petitioner could not have objected in any manner. 13. However, having issued the Notification dated August 12, 2026, the State Government has created a 6 window, albeit, tiny to afford a reasonable opportunity to those candidates, who have lost out their reserved category status by virtue of the order of this Court. This tiny window was only to facilitate such candidates with requisite EWS certificates who could have applied for recruitment or at least consideration thereof under the Economically Weaker Section(EWS) quota. 14. This EWS certificate of the petitioner is not in question or in doubt neither suspect of any mischief. 15. The writ petition has been filed on August 18, 2026. 16. During the pendency of the writ petition, at the time of hearing, Mr. Roy has produced a further Notification of August 18, 2026 whereby a further clause has been inserted which reads as under : “An EWS Certificate issued on or after the date of the Interview shall not be treated as valid for consideration under the EWS Category in the present recruitment process.” 17. Since the veracity of this notice of August 18, 2026, is not in question in this writ petition, I do not find the need to advert to the same. However, since the petitioner had applied prior to this Notification being issued and the interview of the petitioner had already been held on a date when he was a reserved category candidate, this Notification of August 18, 7 2026 may not be applicable to the case of the petitioner. 18. The petitioner cannot be made to suffer merely because the State Government chose to withdraw the special leave petition before the Hon’ble Supreme Court of India at a subsequent stage, even while the recruitment process was in progress. The petitioner is a candidate who had participated in the recruitment process and had also been given the option to apply as a EWS category candidate upon production of the requisite certificate. Having provided such an opportunity, the State Government cannot, at this belated stage, change the Rules of the game by way of this Notification of August 18, 2026 in so far as the petitioner is concerned. The petitioner must be allowed to at least file his application in the EWS category. The mode of filing has to be by way of uploading the requisite documents or for the authorities to accept the same in the offline mode if the online portal is presently non-functional. 19. The authorities are, therefore, directed to accept the EWS certificate of the petitioner whether in the online mode or the offline mode and to consider the petitioner as a EWS candidate if he fulfils all other eligibility criteria as stipulated for the recruitment process. 8 20. This order has been passed in the peculiar facts and circumstances of this case and should not be treated as a precedent. The petitioner’s application was made prior to August 18, 2026 on account whereof this may be treated as an exceptional case. 21. With the aforestated directions, the writ petition is disposed of. 22. There will be no order as to costs. 23. All parties shall act on the server copy of this order, duly downloaded from the official website of this Court. (Reetobroto Kumar Mitra, J.)