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Calcutta High Court · body

2026 DAILYLAW 43990 (CAL)

SOHAIL AHAMED v. THE ELECTION COMMISSION OF INDIA AND ORS

WPA/20342/2026 · 2026-09-25

Krishna Rao

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

25.09.2026 Court No.25 D/L No.171 S. Gayen In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side WPA 20342 of 2026 Sohail Ahamed Versus The Election Commission of India & Ors. Ms. Rimi Chatterjee Mr. Wasim Akram …for the Petitioner Ms. Anamika Pandey …for the ECI Mr. Samrat Dey Paul …for the State 1. The petitioner has filed the present writ application with the prayer for a direction upon the SIR Tribunal for disposal of the appeal filed by the petitioner against the deletion of the name of the petitioner from the voter list. 2. Learned counsel for the petitioner submits that the petitioner has been selected in the PSC for the post of Assistant Teacher. The interview and the verification of the documents of the petitioner is fixed by the authorities on October 5, 2026. She submits that due to deletion of the name of the petitioner, the authorities are not issuing the OBC certificate though the petitioner belongs to the OBC category. Learned counsel for the petitioner submits that unless and until the petitioner will not submit the OBC certificate at the time of interview, the petitioner will not get an order of appointment. She prays for a direction upon the concerned authorities, Sub-Divisional Officer, Uttar 2 Dinajpur for issuance of OBC certificate so as to enable the petitioner to appear before the interview and can submit the said certificate for appointment of Assistant Teacher. 3. Learned counsel for the ECI submits that the petitioner has already preferred an appeal before the Appellate Tribunal and if the direction is passed, the Tribunal will consider the appeal filed by the petitioner as early as possible. 4. Heard the learned counsel for the respective parties. Considered the materials on record. 5. The Appellate Tribunal is requested to consider and dispose of the appeal preferred by the petitioner as early as possible, preferably within a period of one week from the date of receipt of this order. 6. The Sub-Divisional Officer, Uttar Dinajpur is directed to consider the request of the petitioner for issuance of the OBC certificate and if the petitioner is found to be entitled to get the OBC certificate, the same be provided to the petitioner on or before October 1, 2026 with an undertaking by the petitioner that in case the petitioner fails to succeed in the appeal preferred before the Appellate Tribunal, the petitioner will surrender the domicile certificate before the concerned authorities within a week after the decision of the Appellate Tribunal. 7. It is further made clear that if the petitioner is entitled to get the OBC certificate, the authorities shall consider the request of the petitioner without taking into consideration 3 of deletion of the name of the petitioner from the voter list. 8. Accordingly, the instant writ petition stands disposed of. 9. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Krishna Rao, J.)