Medhatithi Paul vs The State Of West Bengal & Ors
2022 Latest Caselaw 2291 Cal

    05
22.04.2022
 Ct. No.23
     pg.
                     IN THE HIGH COURT AT CALCUTTA
                    CONSTITUTIONAL WRIT JURISDICTION
                             APPELLATE SIDE

                               WPA 7055 of 2022

                                 Medhatithi Paul
                                       Vs.
                         The State of West Bengal & Ors.


                    Mr. M.P. Gupta
                    Mr. D.K. Saila
                    Mr. Shyamal Mondal
                    Ms. Antara Panja
                                ... For the petitioner

                    Mr. Arindam Chattopadhyay
                    Ms. Lipika Chatterjee
                                ... For the State

                    Mr. D.N. Maiti
                               .... For the respondent no.5

The petitioner submitted her candidature in the

National Eligibility-cum-Entrance Test (UG), 2021 as a

general candidate. The petitioner was issued the admit

card as a candidate under general category. The score

card of the said examination was provided to the

petitioner on 1st November, 2021. The candidates on

the basis of the score in the subject examination were

called for counseling. I am told that the counseling has

taken place twice, i.e., first counseling on 1st February,

2022 and the second counseling on 4th March, 2022.

After the second counseling was over on the basis of the

available vacancies, the mop-up rounds are fixed. At

the time when the counseling took place, the petitioner

did not have the Scheduled Caste Certificate. So till

such stage, the petitioner was required to be considered

as a general candidate against unreserved vacancies

and not as a Scheduled Caste candidate against the

reserved vacancies for such category. The petitioner

says that on 13th March, 2022, the petitioner received a

Scheduled Caste Certificate issued by the Competent

Authority. The date on which such certificate was

applied for is not made known to the Court. The

petitioner further says that considering the vacancies

remaining after the counseling, the respondents

published a schedule for WBUG 2021 Mop Up, Stray

Vacancy and College Round Counseling. The petitioner

wanted to be considered in the said Mop Up, Stray

Vacancy and College Round Counseling as a Scheduled

Caste candidate.

In that view of the matter, the petitioner made a

representation through her advocate on 7th April, 2022.

The petitioner says that the schedule for Mop Up, Stray

Vacancy and College Round Counseling was

subsequently revised on 11th April, 2022. In terms of

the revised schedule, the extended last date of

admission of mop-up round 2021 was till 6.00 p.m. of

11th April, 2022 and from 10.00 a.m. to 3.00 p.m. on

12th April, 2022. The petitioner says that although, in

the first two rounds of counseling, the petitioner

participated as a general candidate but in view of the

Scheduled Caste Certificate, the petitioner is entitled to

and should be allowed to participate as a Scheduled

Caste candidate. The petitioner also says that she could

not avail the opportunity to rectify her application form

as at the time when such rectification was allowed, the

petitioner did not possess the Scheduled Caste

Certificate. The petitioner submits that unless the

authorities are directed to take into account the

Scheduled Caste Certificate of the petitioner received on

13th March, 2022 and allow the petitioner to participate

as a Schedule Caste candidate, the petitioner's interest

will be irreparably prejudiced. The petitioner, therefor,

has prayed for the representation dated 7th April, 2022

to be considered and be treated as a candidate enrolled

under Scheduled Caste category. The petitioner has

cited an order dated 8th March, 2022 passed in WPA

4048 of 2022 (Subhasis Maji v. The State of West

Bengal & Ors.) in support of her contention.

The petitioner has also filed a supplementary

affidavit in which the petitioner has annexed a

document dated 20th April, 2022 which is termed as

"Urgent Notice cum schedule for WB UG 2021 stray

round and college round". The said supplementary

affidavit is taken on record.

After considering the revised schedule dated

11th April, 2022 at page 20 of the writ petition and the

document dated 20th April, 2022, being the 'urgent

notice-cum-schedule', I find that under the revised

schedule the publication of vacant seats and eligible

candidates for stray round was to be published after

2.00 p.m. on 20th April, 2022. The document

verification, fee deposition and allotment-cum-

admission at college with vacancy was to be published

from 10.00 a.m. to 6.00 p.m. on 21st April, 2022. The

publication of vacant seats has been taken place on

20th April, 2022. The document verification, fee

deposition and allotment-cum-admission at college with

vacancy is to be published on 21st April, 2022. The writ

petition has been filed on 19th April, 2022, i.e., much

after the revised schedule was published on 11th April,

2022.

The urgent notice-cum-schedule published on

20th April, 2022 relates to those enrolled in Dental and

Upgradation. It also appears that the eligible registered

candidates who participated in WBMCC UG 2021

counseling and remained not allotted till the stray

round are automatically allowed for college round. They

are not required to enroll or pay counseling fee or

register against college round. With regard to the

eligible registered candidates who participated in the

WBMCC UG 2021 counseling and remained not

reported in round two and have not paid the fee in

mop-up round, can participate in college round if

willing by payment of counseling fee followed by

registration.

The petitioner, therefor, had no difficulty in

participating in the revised schedule or even against the

urgent notice. The only point, which the petitioner tries

to make out, is participation as a Scheduled Caste

candidate. The petitioner applied as a general candidate

and, as such, her candidature was considered against

the unreserved seats. The petitioner participated in the

counseling as a general candidate as she did not have

the Scheduled Caste Certificate till then. The petitioner

had received the Schedule Caste Certificate only on 13th

March, 2022 when the second round of counseling was

over. The petitioner had made the representation only

on 7th April, 2022, i.e., after 25 days from receipt of the

Scheduled Caste Certificate and has filed the writ

petition on 19th April, 2022 after the first day for

document verification, fee deposition and admission at

allotted institute in stray round was over. The approach

to Court is, therefor, at a belated stage.

I am told by the respondents that the petitioner

had even participated in the mop-up round as a general

candidate which fact is, however, disputed by the

petitioner.

Be that as it may, after having participated in

the examination as a general candidate and in the

counseling rounds as a general candidate, the

petitioner cannot be now permitted to participate as a

Scheduled Caste candidate in the same examination

and/or selection process at the Mop Up, Stray Vacancy

and College Round Counseling which is nothing but

continuation of the same selection process. The whole

basis on the terms whereof the petitioner participated

in the examination will change if the petitioner is now

allowed to participate as a Schedule Caste candidate at

the stray and college round. The petitioner has also

approached the Court at a belated stage which

disentitles her to an equitable and discretionary relief.

That apart, the vacancy position under the Scheduled

Caste category vis-à-vis the vacancy position under the

general category, the total number of candidate

competing for the same is also not before the Court as

allowing the petitioner to be considered as a Schedule

Caste candidate at this stage will have an impact on all

these facts and figures. Allowing the representation of

the petitioner to be considered by the respondents is

likely to alter the position in respect of the selection

process at the last stage which is likely to give rise to an

anomalous situation. Several other candidates may be

there similarly placed as of the petitioner who are also

likely to suffer discrimination.

The judgment cited by the petitioner is also

factually different. In that case, the Scheduled Caste

Certificate was received before the counseling took

place.

In the aforesaid facts and circumstances, I do

not find any merit in the writ petition. The writ petition

is, therefor, dismissed without any order as to costs.

Since I have not called for any affidavits,

allegations made in the writ petition are deemed to have

not been admitted.

Urgent photostat certified copy of this order, if

applied for, be given to the parties, upon compliance of

necessary formalities.

(Arindam Mukherjee, J.)