Laxman Shaw v. State Of West Bengal And ORS.

19.04.2024 Item No.10 Ct. No.238 S.A.

WPA 6767 of 2024 Laxman Shaw -vsThe State of West Bengal & Ors.

Mr. Victor Chatterjee ...for the petitioner Mr. Swapan Kumar Dutta Mr. Rajat Dutta ...for the State Mr. Nilotpal Chatterjee Mr. Amrita Lal Chatterjee ...for the Calcutta University Mr. Shibasish Banerjee Mr. Amman Arif Ansari Mr. Rajdeep Pramanik ...for the respondent no.4 It is not in dispute that the petitioner secured his admission at Surendranath Law College based on his position in the merit list under the Economically Weaker Sections category.

The college, however, declined to admit him since he could not produce his EWS certificate in due time.

The petitioner suggests that though on repeated occasions he approached the college to accept his certificate, the same was not accepted. In fact, the college also remained closed due to "Durga Puja" at the relevant point of time.

Learned advocate appearing for the college denies the allegation of the petitioner. He submits that 1st semester examination is already over and at

this belated stage, the petitioner should not be allowed to be admitted.

It appears that though the Vice Chancellor of Calcutta University on December 14, 2023 allowed the petitioner to take admission at the college, he was denied the admission.

I am of the view that the petitioner is not solely responsible for the belated production of his Economically Weaker Sections certificate.

Having regard to the peculiar facts of the case, particularly the permission of the Vice Chancellor of the university, I am of the view that as a special case, the college should admit the petitioner. He should be allowed to take his upcoming second semester examination on the scheduled dates. He shall be allowed to take his 1st semester examination along with 3rd semester examination.

The necessary formalities including the registration of the petitioner shall be completed by the college as well as by the university within a period of two weeks from the date of communication of this order.

With the aforesaid direction, WPA 6767 of 2024 is disposed of.

(Kausik Chanda, J.)