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Calcutta High CourtWPA/23542/2025disposed

Sanuar Hossain v. Union Of India And ORS.

2025-09-25Hon'Ble Justice Biswajit Basu2 pages

25.09.2025 Item No.04, DL Court No.17 AJ.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION WPA 23542 of 2025 Sanuar Hossain -VsThe Union of India & Ors.

Mr. Sarwar Jahan, Mr. Arijit Bhusan Bagchi, Ms. Tapati Sarkar.

... for the Petitioner.

Mr. Rabindra Nath Bag, Sr. Adv., Sk. Md. Wasim Akram, Mr. Piyas Chowdhury.

....for the respondent nos.1 & 2.

Mr. Mr. Swapan Kumar Datta, A.G.P., Mr. Rajat Dutta.

... for the State.

Mr. Sunit Kumar Roy.

...for the N.M.C.

Mr. D.N. Maiti, Mr. A. Santra.

....for the WBUHS.

Mr. Sirsanya Bandyopadhyay, Sr. Govt. Adv., Mr. Arka Kumar Nag, Ms. Deboleena Ghosh.

....for the WBMCC.

Affidavit of service filed on behalf of the petitioner be kept with the record.

The petitioner had participated in the National Eligibility-cum-Entrance Test (UG), 2025 under the General(EWS) category to get the admission in MBBS course.

The petitioner had participated in the counselling conducted by the West Bengal Medical Counselling Committee under the said category and in the said counselling, the petitioner was allotted a seat provisionally under the General(EWS) category but at the time of final verification at the end of the college, it was found that the EWS certificate of the petitioner is applicable for reservation of seats in the educational

institution(s) only under the control of the Government of India and since it is not applicable for reservation of seats under the State quota, the State Counselling Committee by the letter generated on September 08, 2025 has cancelled the said provisional allotment of seat to the petitioner. The said seat cancellation letter is under challenge.

The petitioner, in view of the nature of his EWS certificate, is not entitled to a reservation under the State quota. The impugned decision of the State Counselling Committee therefore does not call for any interference.

This order, however will not prevent the petitioner from participating in further counselling process under the unreserved/general category in respect of State quota.

WPA 23542 of 2025 is disposed of with the above terms without any order as to costs.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, subject to compliance of all requisite formalities.

(Biswajit Basu, J.)