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Calcutta High Court · body

2026 DAILYLAW 42162 (CAL)

YASH TIWARI v. STATE OF WEST BENGAL AND ORS.

WPA/26619/2026 · 2026-09-21

Krishna Rao

body2026

Judgment text

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S/L 5 21.09.2026 Court. No. 25 suvayan WPA 26619 of 2026 Yash Tiwari Vs. State of West Bengal & Ors. Mr. Priyankar Saha Mr. Hemant Tiwari …for the petitioner. Ms. Sudipa Banerjee Mr. Saptarshi Roy …for the State. 1. The affidavit-of-service filed by the petitioner be kept with the record. 2. The petitioner has filed the present writ application praying for a direction upon the respondent authorities particularly the respondent no. 3, the Additional District Magistrate, North 24 Parganas, Barasat for issuance of EWS certificate to the petitioner for the purpose of appearing in the counselling for selection in the MBBS seat which is scheduled to be held from September 28, 2026 to September 30, 2026. 3. Learned counsel for the petitioner submits that the petitioner has appeared in the NEET examination and he secured 382 marks out of 720 marks and in All India Rank he is having the 36439 position. The authorities have fixed the date for counselling for allotment of the seat in the MBBS course from September 19, 2026 but two counselling scheduled has already over but the petitioner could not participate in the said counselling due to non-availability of the EWS certificate. The third counselling is scheduled to be held on September 28, 2026 from 11.00 a.m. till September 30, 2026 till 6.00 2 p.m. but the authorities have till date not granted the EWS certificate to the petitioner. 4. The petitioner submits that the application submitted by the petitioner was duly considered by the Sub-Divisional Officer and recommended the case of the petitioner for grant of EWS certificate but the competent authority that is the respondent no. 3 has not provided the EWS certificate. 5. Learned counsel for the petitioner further submits that though there is no written order from the competent authority for not providing the EWS certificate but the petitioner came to know that the authorities have not considered the application for grant EWS certificate only on the ground that the names of the parents of the petitioner have been deleted from the voter list. 6. Learned counsel for the petitioner submits that though the name of the parents of the petitioner have been deleted from the voter list but the petitioner’s name is appearing in the voter list. 7. Learned counsel appearing for the respondent authorities prays for time for taking instruction. 8. This Court finds that the petitioner has made an application before the authority on July 2, 2026 for grant of EWS certificate. On receipt of the application, the Sub- Divisional Officer has processed the same and recommended the case of the petitioner but the respondent no. 3 failed to provide the EWS certificate. 9. This Court finds that the petitioner required EWS certificate to participate in the counselling for allotment 3 of MBBS seat for session 2026-27 and is scheduled to be held on and from September 28, 2026. 10. In view of the above, the Additional District Magistrate, North 24 Parganas, Barasat is directed to immediately considered the request of the petitioner along with the recommendation made by the SDO dated September 14, 2026 and if the petitioner is otherwise eligible for grant of the EWS certificate, the same may be provided to the petitioner on or before September 24, 2026 without taking into consideration that the name of the parents have been deleted from the voter list. 11. WPA 26619 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.)