Calcutta High Court (Appellete Side)
Swastik Sengupta vs The State Of West Bengal & Ors on 12 September, 2024
Author: Jay Sengupta
Bench: Jay Sengupta
HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
Present:
THE HON'BLE JUSTICE JAY SENGUPTA
WPA 21937 of 2024
Swastik Sengupta
Versus
The State of West Bengal & Ors.
For the petitioner : Mr. Dyutiman Banerjee
Mr. Vishal Mallick
Mr. Deb Kumar Deashi
For the State : Mr. Biswabrata Basu Mallick
Mr. Sayan Ganguly
For the NTA Mr. U. S. Menon
Mr. Abhirup Chokraborty
Heard on : 12.09.2024
Judgment on : 12.09.2024
JAY SENGUPTA, J:
2
This is an application for permission to apply online for
registration of Round I Counselling of West Bengal National
Eligibility-cum-Entrance Test Undergraduate, 2024 for State
quota seats as Economically Weaker Section Candidates.
Opposition filed on behalf of the State respondents and
Reply filed on behalf of the petitioners are taken on record.
Copy of the notice vide reference U-11011/01/2024-MEC
dated 09.09.2024, as filed on behalf of the petitioners is also
taken on record.
Learned counsel representing the petitioner submits as
follows. At the relevant point of time, the petitioner belonged to
economically weaker section (EWS) category. But, he had
applied for registration for the examination as unreserved
candidate because by that time he was not having the certificate
as EWS. However, now he carries necessary document in this
regard. Incidentally, the EWS certificate is issued on 1st April of
every year and it is valid for a year. Therefore, the certificate that
was issued this year ought to be taken into consideration by the
NTA and other authorities. In spite of this, the petitioner is not
being allowed to be converted from unreserved category status
to EWS. At the time of filling up of form for registration, the
petitioner was not allowed to describe himself as belonging to
the EWS category purportedly because during the examinations
held earlier, he had not claimed such status. It is pertinent to
mention that persons belonging to the OBC category were
permitted to make changes in registration form. In view of the
notice dated 09.09.2024 issued by the Office of MCC of DGHS, it
is abundantly clear that although the MCC of DGHS could not
change or edit category of any candidate, if any candidate
wished to change his/her category, he would be able to visit the
examination controlling authority i.e., NTA/NBE for change of
category and revision of his/her rank.
Learned counsel appearing on behalf of the NTA denies the
allegations and submits as follows. Although the Information
Bulletin for NEET UG 2024 clearly stipulated that information
regarding category once entered could not be changed, two
opportunities were granted, one in the month of March and the
other in the Month of April, to change the category. Even at that
time, the petitioner did not avail of the opportunity although the
petitioner could have done so in view of the claim that they have
been issued EWS certificate on 1st April, 2024. There is no scope
for allowing alteration of the category at this advanced stage.
The entire process then will come to a stand still. All ranks have
to be recast. This would entail not only a great deal of effort, but
substantial expenses. The notice dated 09.09.2024 merely
emphasised that the MCC of DGHS could not change or edit the
category of any candidate.
Learned counsel appearing on behalf of the State submits
that the said Government usually follows the norms set by the
Central Government in this regard. If by dint of notice dated
09.09.2024, the NTA/NBE is permitted to consider change in
category, the State would not come in the way. However, any
alteration at this stage would result in change in the ranking
system in a drastic manner.
Even if one goes by the averment of the petitioner that he
could not apply as EWS category candidate because by such
time, he did not have the certificate and that the certificate was
issued only on 1st April, 2024, he could have very well applied
for necessary changes in the month of March and April this year
when admittedly opportunities were given by the NTA to make
such changes.
It is also true that any change or alteration in the ranking
might stall the entire process for some time and result in
rankings to be changed drastically.
However, there is a notice issued by the Central
Government on 09.09.2024 which specified that although the
MCC of DGHS could not change or edit category of any
candidate, any candidate who wished to change his category
might visit the examination controlling authority i.e., NTA/NBE
for change of category and revision of his/her rank.
In view of the above, the writ petition is disposed of by
granting liberty to the petitioner to approach the NTA with a
representation for change of category by tomorrow i.e., on
13.09.2024 through E-mail. If such a representation is made,
the same shall be considered by the NTA in accordance with law
and expeditiously preferably within a week, so that in the event
a decision is taken in favour of the petitioner, he can at least
participate in mop up round and the stray round of counselling.
With these observations, the writ petition is disposed of.
Urgent Photostat certified copy of this order be supplied to
the parties, if applied for, as early as possible.
(Jay Sengupta, J)
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