S/L 11 27.08.2026 Court. No. 25 Sourav WPA 17224 of 2026 Hiranyakashi Sarkar Vs. The State of West Bengal & Ors. Mr. Chandra Sekher Banerjee Mr. Shamit Dutta Ms. Madhumita Saha … for the petitioner. Mr. Jayita Dhar Chakraborty Mr. Joy Ranjan Dhar … for the State. 1. The petitioner has filed the present writ application praying for a direction upon the respondent no. 2 for issuance of the domicile certificate to the petitioner. 2. Learned counsel appearing for the petitioner submits that the petitioner has appeared in the NEET as well as WBJE examination and accordingly both the courses, the petitioner has cleared the test and the West Bengal Joint Entrance Examination Board has stated counselling. For appearing in the counselling, the petitioner has to submit the domicile certificate. Accordingly, the petitioner has submitted an application for grant of domicile certificate but the respondent authorities have not granted any domicile certificate. 3. Learned counsel for the petitioner submits that the father of the petitioner was a doctor by profession and he died in the year 2017. On the earlier occasion, the authorities have issued the domicile certificate to the petitioner on August 23, 2024 but the reasons best known to the respondent authorities, now the respondent authorities have not issued the domicile certificate to the petitioner. 2 4. Learned counsel appearing for the respondent authorities submits that the name of the mother of the petitioner is deleted from the voter list and as such, the petitioner is not entitled to get a domicile certificate. Learned counsel for the respondents has handed over an instruction dated February 7, 2026 wherein it is mentioned that EROs/AEROs being the competent statutory authority under the Representation of the People Act, 1950 shall accept only such permanent resident certificate which are issued only by the competent authorities namely, District Magistrate/Additional District Magistrate/Sub- Divisional Officer/Collector (Kolkata) and issued strictly in accordance with the guidelines notified by the Government of West Bengal vide letter dated November 2, 1999. 5. This Court finds that the petitioner born and brought up in West Bengal. She has completed her studies up to 12th standard. She has participated in the NEET examination as well as WBJE examination and the petitioner has cleared the WBJE Examination and counselling is going on. On the earlier occasion, the respondent authorities have issued the domicile certificate certifying that the petitioner is a permanent resident of Village – Rupmari in the District of North 24 Parganas and has been confirmed and ascertained by causing enquiry by SDO, Basirhat. But this time, when the petitioner has applied for the domicile certificate, neither the respondents have rejected the request of the petitioner nor the domicile certificate has been issued. 3 6. The only contention of the respondent authorities is that the name of the mother of the petitioner has been deleted from the voter list and as such, the domicile certificate has not been issued to the petitioner. 7. This Court finds that though the name of the mother of the petitioner has been deleted from the voter list but petitioner’s name is still in the voter list and the petitioner has cast her vote in the last Assembly Election. At the time of issuance of the domicile certificate, the authorities have to identify the particular person who has requested for issuance of domicile certificate. 8. In the present case, the petitioner’s name is appearing in the voter list and she has cast her vote in the last Assembly Election. The petitioner has born and brought up in West Bengal and continued her studies in West Bengal, on earlier occasion domicile certificate was issued to the petitioner and thus, this Court does not find any justification by the respondent authorities for denying for grant of domicile certificate to the petitioner. 9. In view of the above, the respondent no. 2, i.e., the Sub- Divisional Officer (SDO)/Sub-Divisional Magistrate (SDM), Basirhat, North 24 Parganas is directed to immediately issue the domicile certificate to the petitioner if the petitioner is otherwise eligible within a period of one week from the date of receipt of this order. 10. WPA 17224 of 2026 is disposed of. 11. Urgent photostat certified copies of this order, if applied for, be supplied to the parties upon compliance with all the necessary formalities. (Krishna Rao, J.)