Calcutta High Court (Appellete Side)
Subhajit Seal vs The State Of West Bengal And Others on 9 September, 2024
Author: Jay Sengupta
Bench: Jay Sengupta
HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
Present:
THE HON'BLE JUSTICE JAY SENGUPTA
WPA 22761 of 2024
Subhajit Seal
versus
The State of West Bengal and others
For the petitioner Mr. Akash Dutta
Ms. Priyamvada Singh
For the State Mr. Biswabrata Basu Mallick
Mr. Sayan Ganguly
Last Heard on 09.09.2024
Judgment on 09.09.2024
JAY SENGUPTA, J:
This is an application praying for directions upon the
respondent authorities to amend and/or correct the application
form for NEET UG 2024 Exanimation or allow the petitioner to
be considered as an OBC-PWD category candidate in the
application form.
Learned counsel appearing on behalf of the petitioner
submits as follows. The petitioner sat in the NEET UG 2024
Examination and got an aggregate of 605 marks out of 720 and
an All India rank of 72135. However, at the time of applying for
sitting in the examination he did not possess a Disability
Certificate although he was being treated for certain ailments
since long. That is why he did not apply as a PwD candidate.
However, soon thereafter he was issued a Disability Certificate
by the National Medical College and Hospital. If no direction is
passed upon the respondent authorities to allow this Disability
Certificate to be verified and the petitioner to be treated as an
OBC-PwD candidate, the respondent authorities were not going
to treat him as such. When the petitioner had gone to the
IPGMER, Kolkata for getting such certificate, as the same is
listed by the Central Government in a list of 16 institutions from
where such certificate can be obtained, he was asked to get the
certificate from the nearby government hospital. That is why he
applied and obtained a certificate from the NMC, Kolkata.
Today is the last date for verification of such certificate.
Learned counsel for the State denies the allegations made
in the writ petition, relies on Information Bulletin and
Counselling Scheme for NEET UG Counselling, 2024 and
submits as follows. First, as admitted by the petitioner a list of
16 centres has been notified by the Centre from which such
disability certificate can be taken. For Kolkata region, it is
IPGMER, Kolkata. But, the certificate was obtained not from
there, but from NMC, Kolkata. So, the same cannot be
considered for verification. Secondly, as per the Information
Bulletin, it is clear that a candidate would not be allowed to
change or alter information given in the application form.
Thirdly, the petitioner did not describe himself as a PwD
candidate in his application form.
I have heard learned Advocates for the parties, perused the
writ petition and the copies of documents relied upon.
If the petitioner was having the claimed disability, he ought
to have applied as a PwD candidate. But, he did not do so.
Disability Certificate could have been obtained in time.
Secondly, as per the Information Bulletin for the
examination, there is a purported bar on altering information
provided in the application. This would go against the
petitioner.
Moreover, there is a list of medical institutions declared by
the authority from where the Disability Certificate may be taken.
Thus, for any other purpose, a disability certificate can be
obtained and used from the nearest government hospital as
notified. But, for the purpose of the examination in question, 16
institutions were notified from which such certificate could be
obtained. This issue also goes against the petitioner.
In view of the above discussions, I do not find any merit in
this application.
Accordingly, the same is dismissed.
However, there shall be no order as to costs.
Urgent certified copy of this order, if applied for, be
supplied to the parties upon compliance of requisite formalities.
(Jay Sengupta, J)
1/SG
