Calcutta High Court (Appellete Side)
Md. Musa & Another 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 21814 of 2024
Md. Musa & another.
Versus
The State of West Bengal & Ors.
For the petitioners : Mr. Bikash Ranjan Bhattacharya
Mr. Sudipta Dasgupta
Mr. Sondwip Sutradhar
Ms. Sinjini Chakraborti
Mr. Baibhav Roy
For the State : Mr. Swapan Kr. Dutta
Mr. Rajat Dutta
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 senior counsel representing the petitioners
submits as follows. At the relevant point of time, the petitioners
belonged to economically weaker section (EWS) category. But,
they had applied for registration for the examination as
unreserved candidates because by that time they were not
having the certificates as EWS. However, now they carry
necessary documents 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 petitioners are not being allowed to be
converted from unreserved category status to EWS. At the time
of filling up of form for registration, the petitioners were not
allowed to describe themselves as belonging to the EWS category
purportedly because during the examinations held earlier, they
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
petitioners 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 petitioners that
they could not apply as EWS category candidates because by
such time, they did not have the certificate and that the
certificate was issued only on 1st April, 2024, they 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 petitioners 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 petitioners, they 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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