IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Appellate Side Present :- Hon’ble Justice Amrita Sinha WPA 2877 of 2026 Sudipta Chakraborty & Ors. Vs. The State of West Bengal & Ors. For the writ petitioner :- Mr. Anindya Lahiri, Sr. Adv. Mr. Arkadeb Biswas, Adv. Ms. Debarati Roy Chowdhury, Adv. For State :- Mr. Surajit Nath Mitra, Ld. AG Mr. Billwadal Bhattacharyya, Ld. AAG Mr. D. N. Ray, Ld. GP Ms. Ranjana Chatterjee, Adv. Mr. Jagannath Chatterjee, Adv. For the added respondents :- Mr. Subir Sanyal, Sr. Adv. Mr. Chittapriya Ghosh, Adv. Mr. Somesh Kumar Ghosh, Adv. Mr. Surajit Mukherjee, Adv. Mr. Suman Mukherjee, Adv. Hearing concluded on :- 15.09.2026 Judgment on :- 23.09.2026 Amrita Sinha, J.:- 1. The petitioners are unemployed youth in search of employment. Pursuant to the advertisement for recruitment to the post of constable in West Bengal Police – 2024 published in and around 5th March, 2024, they submitted application form in the Economically Weaker Section (EWS) category. They are aggrieved as the authority is taking into consideration reservation certificate of candidates which, according to them, are irrelevant and could 2 not have been accepted for granting benefit of reservation under EWS category. 2. It has been submitted that on account of acceptance of the irrelevant EWS certificates, the zone of consideration of the eligible candidates has enlarged, thereby increasing the level of competition. The petitioners submit that the benefit of reservation ought not to be allowed to the candidates who obtained EWS certificate after the last date of filing the application for recruitment. 3. The recruitment notice mentions that the EWS candidates, if shortlisted for interview, is required to produce income and asset certificate issued by the competent authority valid for the year 2023-24 or onwards (issued for the financial year 2022-23 or onwards) during checking of testimonials on the date of the interview. The period within which application could be made was 7th March, 2024 to 5th April, 2024. 4. It has been contended that the crucial date for consideration of validity of the reservation certificate has to be 5th April, 2024 i.e. the last date for filing the application. Any candidate obtaining EWS certificate beyond the last date of filing the application ought not to get the benefit of reservation under EWS category. 5. For getting the benefit of reservation under EWS category, the certificate ought to have been issued on or before the last date of filing the application and the financial year prior to the year of application has to be taken as the relevant period for consideration of the income and asset certificate of a candidate. In support of such submission reliance has been placed on the 3 Office Memorandum dated 31st January, 2019 published by the Government of India, Ministry of Personnel, Public Grievances and Pensions. 6. Judgment delivered by the Hon’ble Supreme Court in the matter of Union Public Service Commission –vs- Gaurav Singh & Ors. reported in (2024) 2 SCC 605 has also been relied. 7. Divya –vs- Union of India & Ors. reported in (2024) 1 SCC 448 has been relied upon by the petitioners in support of the submission that the benefit of reservation under the EWS category cannot be allowed if the candidate submitted the income and asset certificate beyond the stipulated date and the last date for submission of the application is the date within which the EWS certificate ought to have been issued. 8. The petitioners also rely on the judgment delivered by the Hon’ble Division Bench of this Court on 12th August, 2026 in MAT 1320 of 2026 with CAN 1 of 2026 (Shreyasi Dhang –vs- State of West Bengal & Ors.). 9. Reliance has also been placed on the judgment delivered by this Bench on 14th August, 2026 in WPA 21501 of 2026 (Hasibur Rahman Mondal & Ors. –vs- State of West Bengal & Ors.). 10. The judgment dated 8th December, 2025 passed by this Bench in WPA 24256 of 2025 with CAN 1 of 2025 (Kamalakanta Maiti –vs- State of West Bengal & Ors.) has been relied upon in support of the submission that to obtain the benefit of reservation, certificate issued by the competent authority on or before the last date of receiving the application will be considered. 4 11. The sum and substance of the petitioners’ argument is that a candidate who applied under the general category, ought not to get the benefit of reservation under EWS category, if the said candidate produces and relies upon a certificate issued on or after the last date of receipt of the application seeking recruitment. 12. Prayer has been made to direct the respondents not to grant the benefit of reservation to any candidate who obtained the reservation certificate after 5th April, 2024. 13. The aforesaid submission made on behalf of the petitioners is opposed by the learned Advocate General representing the State respondents. 14. It has been submitted that the recruitment notice clearly mentioned the criteria of production of EWS certificate by an intending candidate. The petitioners participated in the recruitment process clearly noticing the stipulations made therein. Had the petitioners been aggrieved by any of the clauses mentioned in the recruitment notice, they ought to have challenged the notice prior to participating in the recruitment process. After having participated in the recruitment process, the petitioners ought not to raise issues with regard to the terms and conditions incorporated therein. 15. It has been submitted that, in the instant case, the recruitment notice stipulated that the income and asset certificate would be checked on the date of the interview. According to the State, the crucial date for determining reservation would be the date of the interview and not the last date of receipt of the application. 5 16. It has been argued that the subject recruitment is a public recruitment process and the petitioners cannot seek to restrict the zone of consideration of EWS candidates on the plea that the certificates issued after 5th April, 2024 cannot be relied upon by the authority. 17. The recruiting authority consistently brought to the notice of the general public that, for obtaining the benefit of reservation, EWS candidates must produce income and asset certificate valid for the year 2023-24 or onwards issued for the financial year 2022-23 or onwards. The word ‘onwards’ implies that the certificates issued during the aforesaid period, but till the date of the interview, would be considered. 18. It has been submitted that the certificates issued during the aforesaid period till the date of the interview has been treated as valid for this recruitment process. The authority has not accepted any certificate issued after the date of the interview which took place in January-February, 2026. 19. The judgment delivered by the Hon’ble Supreme Court in the matter of Union of India & Ors. –vs- S. Vinodh Kumar & Ors. reported in (2007) 8 SCC 100 has been relied upon in support of the submission that the candidates who took part in the selection process being fully aware of the procedure laid down therein, were not entitled to question the same. They would be estopped by their conduct to challenge the terms and conditions of the recruitment notice. 20. The judgment delivered by the Hon’ble Division Bench of this Court on 14th September, 2026 in FMA 1002 of 2026 with CAN 1 of 2026 with CAN 2 6 of 2026 (Mir Mazharul Islam & Ors. –vs- The State of West Bengal & Ors.) has been relied upon in support of the submission that the candidates under the EWS category must be given an opportunity to produce their EWS certificate even beyond the last date of application in view of the litigation with regard to the OBC category in the State of West Bengal. 21. The State prays for dismissal of the writ petition. 22. The private respondents who were subsequently added in the writ petition oppose the submission and prayers of the petitioners. It has been pointed out that they submitted their application seeking recruitment within the prescribed time period. As per the recruitment notice, the private respondents are eligible to get the benefit of reservation under EWS category as all of them possess income and asset certificate issued prior to the date of interview. 23. It has been contended that the crucial date for consideration of EWS certificate would not be the last of filing the application, but would be the date of the interview as has been clearly mentioned in the recruitment notice. Any certificate issued for the prescribed period, prior to the date of the interview, has to be taken as valid in terms of the recruitment notice. It has been submitted that the certificates issued after the date of the interview cannot be taken as valid in the instant recruitment process. 24. According to the respondents as the date within which the EWS certificate can be produced has been prescribed in the advertisement itself, accordingly, the last date of filing the application cannot be taken to be the 7 crucial date for considering the validity of the reservation certificate. Had the date within which the certificate had to be produced not been mentioned in the recruitment notice, then in that case, the last date of filing the application could have been taken as the crucial date for considering the validity of the reservation certificate. 25. The private respondents submit that the recruitment process involves two financial years; 2023-24 and 2024-25. The advertisement was published in March, 2024 and the last date for submission of the application form was April, 2024. One financial year ended on 31st March, 2024 and a separate financial year started on 1st April, 2024. The private respondents have all participated in the recruitment process and have also produced their reservation certificate at the time of interview. 26. Prayer has been made not to grant any relief to the petitioners and not to interfere in the recruitment process which is nearing completion. 27. I have heard and considered the rival submissions made on behalf of all the parties. 28. The clause in the recruitment notice which is particularly challenged by the petitioners mentions that the EWS candidates, if shortlisted for interview, is required to produce the income and asset certificate issued by the competent authority valid for the year 2023-24 or onwards (issued for the financial year 2022-23 or onwards) during checking of testimonials on the date of the interview. 8 29. Further notice was published by the Recruitment Board on 20th January, 2026 that income and asset certificate for obtaining benefit under EWS category should be valid for the year 2023-24 or onwards. The authority has accepted that the earlier notice published by the authority on 20th January, 2026 wherein the term ‘onwards’ was not mentioned, was an inadvertent error and the same has been rectified immediately by publishing fresh notice mentioning the correct period disclosing validity of the reservation certificate. 30. Though the physical measurement test and physical efficiency test took place earlier, but the interview was conducted in the end of January and beginning of February, 2026. 31. According to the petitioners, the expression ‘onwards’ mentioned in the recruitment notice implies uncertainty in the recruitment process. As per the Office Memorandum dated 31st January, 2019 published by the Government of India, Ministry of Personnel, Public Grievances and Pensions, the crucial date for submitting income and asset certificate by the candidate seeking reservation under EWS category may be treated as the closing date for receipt of application for the post, except in cases where crucial date is fixed otherwise. 32. The petitioners contend that as no particular date has been mentioned in the advertisement for submitting the reservation certificate and as the recruitment process was initiated in March, 2024, then the relevant period of income and asset certificate ought to have been the previous financial year. The same could not have been kept open ended by using the expression ‘onwards’. 9 33. The affidavit filed by the Deputy Superintendent of Police (Administration & Law), West Bengal Police Recruitment Board discloses that total number of 914 candidates submitted their EWS certificate valid for the year 2023-24 issued for the financial year 2022-23 and a total number of 1,775 candidates submitted EWS certificate at the time of interview for the year 2024-25. 34. The response published by the Government of India, Ministry of Personnel, Public Grievances and Pensions on 19th September, 2022 to the frequently asked questions on reservation to EWS category in posts/services under Central Government mentions that, the crucial date for submitting income and asset certificate may be treated as the closing date for receipt of application for post, except in cases where crucial date is fixed otherwise. It further mentions that the crucial date for submission of income and asset certificate (cut-off) date shall be clearly mentioned in the advertisement published by the recruiting agency. Income and asset certificate issued subsequent to the crucial date and for the last financial year shall be treated as major discrepancy. 35. As the cut-off date was not specified in the recruitment notice and the period for determining validity was simply mentioned as ‘onwards’, the petitioners argue that the same is contrary to the judgment delivered by the Hon’ble Supreme Court in Divya (supra) and Gaurav Singh (supra) as also the Office Memorandum dated 31st January, 2019 and the answer to the frequently asked questions published by the Government of India on19th September, 2022. 10 36. The Court cannot accept the aforesaid contention of the petitioners as proper in the facts and circumstances of the instant case. The consistent view of the Supreme Court and the stipulation in the Office Memorandum of the Government of India clearly mentions that, in cases where the crucial date is fixed otherwise, the said date has to be taken as the crucial date. In such a case, the last date of filing the application for the post cannot be taken as the crucial date for ascertaining validity of the reservation certificate. 37. The initial recruitment notice published on 5th March, 2024 clearly mentioned the expression ‘onwards’. The petitioners were well aware that the certificates issued beyond the last date of receipt of the application would be accepted by the authority. The petitioners did not raise any objection at that point of time. Had the petitioners any objection with regard to the incorporation of such clause in the recruitment notice, then they ought to have challenged the same prior to participating in the recruitment process. After having participated in the recruitment process without any objection, the petitioners, by their conduct, would be barred from challenging the clause mentioned therein at a later stage. 38. The recruitment notice required production of the reservation certificate at the time of the interview. The authority would be bound to follow the terms and conditions mentioned in the recruitment notice. Several candidates participated in the recruitment process by noticing the terms and conditions disclosed in the said notice. It would not be proper for the authority to change the terms and conditions in the midst of the process. The same would amount to changing the rules of the game after the game had begun. 11 39. Petitioners’ argument could have been accepted had the authority not prescribed that the EWS certificate had to be produced at the time of the interview. In view of such stipulation in the recruitment notice, the crucial date cannot be taken as the last date of filing the application form for recruitment as contended by the petitioners. The stipulation in the recruitment notice will fall within the expression, ‘except in cases where crucial date is fixed otherwise’. 40. The recruitment notice did not indicate that for seeking reservation under EWS category, the certificate had to be issued on or before the last date of filing the application form. On the contrary, the notice mentioned a specific financial year in which the certificate had to be issued. No cut-off date requiring issuance of the certificate was mentioned. The only requirement was that the certificate had to be produced at the time of the interview. The same implies that, any certificate valid on the date of the interview can be produced by a job aspirant seeking the benefit of reservation. 41. There is no bar in the recruitment notice that the certificate issued after the last date of filing the application will not be accepted. In such circumstances, on the date of the interview the authority cannot refuse to accept valid EWS certificate on the plea that the same was issued after the last date of filing the application. 42. The submission of the petitioners that they intend to restrict the zone of competition is not well taken. In a public recruitment process, the zone of consideration is required to be kept wide open so that the level of competition is high and the best meritorious candidates get a chance of 12 appointment. The idea is never to keep eligible candidates out of the selection process. Restricting competition will be against public interest. The same will also violate the principle of equality enshrined in the Constitution. Healthy competition amongst eligible candidates ought to be encouraged in a public recruitment process for selecting the best talent. 43. As there was no requirement of uploading or producing EWS reservation certificate before the date of interview, accordingly, the candidates possessing such certificate can certainly produce the same on the date of the interview. If a candidate possessed a valid EWS certificate on the date of the interview, then as per the recruitment notice, the recruiting authority would be bound to accept the same. 44. In the instant recruitment process all EWS certificates issued for the financial year 2022-23 till the date of the interview in the year 2026 has to be taken as valid and benefit of reservation ought to be given to such candidates who produce such certificate, provided, they are otherwise eligible. 45. Kamalakanta Maiti (surpa) does not come to the aid of the petitioners, as in the cited case the recruitment notice clearly specified that the reservation certificate relied upon by the candidate ought to be issued before the last date of receiving the online application. Such is not the case here. 46. Shreyasi Dhang (supra) also does not come to the aid of the petitioners, as in that case, certificates relied upon were held to be void ab initio for having been obtained under a void executive order. 13 47. In Hasibur Rahman Mondal (supra) a specific date was mentioned for claiming benefit of reservation under EWS category. The recruitment notice in the instant case mentions that the certificate of reservation has to be produced on the date of the interview. The authority ought to act in accordance with their own recruitment notice since the said notice has not been challenged by any party till date. 48. Vinodh Kumar (supra) bars candidates to question the procedure mentioned in the recruitment notice after participating in the same without protest. The same would be hit by the doctrine of estoppel by conduct. 49. In view of the discussions made hereinabove, the Court is of the considered opinion that the relief sought for by the petitioners cannot be allowed. The writ petition fails and is hereby dismissed. 50. The respondents would be at liberty to proceed to conclude the recruitment process strictly in accordance with the recruitment notice. 51. All parties to act on the basis of the server copy of this judgment duly downloaded from the official website of this Court. 52. Urgent certified photocopy of this judgment, if applied for, be supplied to the parties or their advocates on record expeditiously on compliance of usual legal formalities. (Amrita Sinha, J.)