SUBAYER HOSSAIN MOLLAH v. STATE OF WEST BENGAL AND ORS.
WPA/25045/2026 · 2026-09-10
Krishna Rao
body2026
DailyLaw.ai
[ 2026 DAILYLAW 39181 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 39181 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
S/L 17
10.09.2026 Court. No. 25
suvayan
WPA 25045 of 2026
Subayer Hossain Mollah Vs. The State of West Bengal & Ors.
Mr. Samim Ahammed Ms. Ambiya Khatun Mr. Enamul Islam Ms. Reshma Khatun … for the petitioner.
Mr. Rivu Dutta
Mr. Swastik Saha …for the State.
Mr. Koushik Chatterjee …for the respondent no. 8.
1. The affidavit-of-service filed by the petitioner be kept with the record.
2. The petitioner has filed the present writ application on the allegation that the petitioner has applied for issuance of the Non-Creamy Layer certificate through online on July 11, 2026 but in spite of receipt of the request of the petitioner, the Sub-Divisional Officer has not provided the Non-Creamy Layer certificate.
3.
Learned counsel for the petitioner submits that the Sub- Divisional Officer, Sadar, Howrah has issued the certificate of OBC to the petitioner on March 24, 2026 but during the counseling of NEET-UG for getting admission in the MBBS course the said certificate has not been accepted as in terms of the Clause 4 of the guidelines of the counseling in West Bengal for UG Medical and Dental State Quota, the NCL certificate is to be issued on or after April 1, 2026 but the certificate which the petitioner is having is issued before April 1,
2026.
2
4.
Learned counsel for the petitioner submits that the counseling for admission in MBBS course has started from September 11, 2026 and will continue till September 15, 2026. She prays for a direction upon the SDO for issuance of the NCL certificate to the petitioner as early as possible so as to enable the petitioner to appear in the counseling for admission in the MBBS course.
5.
Learned counsel appearing for the State has handed over the written instruction and submits that the office has not received any application in physical form and as such the office is not in a position to process the application of the petitioner for grant of NCL certification to the petitioner.
6.
Learned counsel for the petitioner draws the attention of this Court to the email dated August 20, 2026 wherein the petitioner has submitted a reminder to the respondent authorities for issuance of the NCL certificate but has not been considered.
7. Considered the submission made by the learned counsel for the respective parties.
8. This Court finds that the petitioner intending to obtain the NCL certificate to appear in the counseling which has started from September 11, 2026 and will continue till September 15, 2026. It is found from the record that the petitioner already applied for grant of NCL certificate on online application but the respondent authorities submits that the petitioner has not submitted any physical application for grant of such certificate.
9. In view of the above, the petitioner is directed to immediately today by 2.00 p.m. submit an application along with all documents to the Sub-Divisional Officer,
3 Sadar, Howrah for grant of NCL certificate and if the petitioner submits an application today along with the all documents, the SDO shall consider the application of the petitioner and if the petitioner is entitled to get the NCL certificate, the same shall be provided on or before September 14, 2026.
10. If the petitioner is not entitled to get the NCL certificate, the SDO shall pass a reasoned and speaking order by September 14, 2026.
11. WPA 25045 of 2026 is disposed of.
12. 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.)