Shahina Omar v. State Of West Bengal And ORS.

D/L. 10.

October 4, 2023.

MNS.

WPA No. 18483 of 2023 Shahina Omar Vs.

The State of West Bengal and others Mr. Manas Kumar Barman ... for the petitioner.

Mr. Somnath Ganguli, Mr. Sukalpa Seal ...for the State.

1. Affidavit-of-service filed in Court today be kept on record.

2. There are misunderstandings galore in the present writ petition.

3. The petitioner has challenged the perceived refusal of the respondent authorities to change her name in the Other Backward Classes (OBC) certificate.

4. Learned counsel for the petitioner submits that no valid reason has been given by the respondent authorities and, by a communication made during pendency of the writ petition, it has been indicated that the petitioner is required to reapply for the certificate on the vague ground that there may be misuse/malpractice.

5. Learned counsel for the respondent authorities submits, by placing reliance on certain documents handed over in court, some of which tally with those handed over by the petitioner, that the misuse/malpractice apprehended is merely because certain persons have been withholding their previous certificates while getting rectified certificates and using both for their own purposes.

6. It does not appear that there is any reason for such apprehension in the case of the present petitioner. The only thing required to be done by the petitioner as per the respondent authorities is that the petitioner is to surrender her now existing OBC certificate for the purpose of her application for rectification being processed and a new rectified certificate being granted to her.

7. As the respondent authorities do not have any objection, in principle, to carry out the rectification sought by the petitioner, WPA No. 18483 of 2023 is disposed of by directing the petitioner to deposit her present OBC certificate with the respondent no. 6, that is, the District Welfare Officer, within October 6, 2023.

8. The respondent no. 6 shall, immediately thereafter, process the application for rectification of the petitioner and issue the rectified/fresh certificate with the corrections sought by the petitioner, to the petitioner by October 16, 2023.

9. There will be no order as to costs.

10. Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities. (Sabyasachi Bhattacharyya, J.)