Calcutta HC directs urgent consideration of MBBS aspirant's EWS certificate

Kolkata: In an order, the Calcutta High Court recently directed the Additional District Magistrate, North 24 Parganas, to immediately consider the request of a NEET UG 2026 candidate seeking an Economically Weaker Section (EWS) certificate.

Granting interim relief to the petitioner, Single Bench Justice Krishna Rao observed that there was an urgency in the matter as August 18 was the date fixed for verification of the petitioner’s documents for allotment of an MBBS seat in a medical college in West Bengal.

The court also made it clear that the deletion of his mother's name from the voter list due to a discrepancy in her name cannot be taken into consideration while deciding his eligibility.

The observation came while the court was hearing a writ petition filed by the candidate, who sought issuance of an EWS certificate to enable him to participate in counselling for an MBBS seat in West Bengal.

The petitioner submitted that he successfully qualified NEET-UG 2026, securing 471 marks out of 720. His name appeared at Rank 1,32,304 in the All India Rank (AIR) seniority list and at Rank 16,401 in the General-EWS category.

The petitioner told the Court that his father died in 2008 and his name appeared in the 2002 Electoral Roll. However, there was a discrepancy in the name of his mother. Before marriage, her name was Kakali, while after marriage she changed her name to Rekah.

As there was a discrepancy in the name of the petitioner's mother, her name was deleted from the voter list during the SIR. But the name of the petitioner is included in the voter list, and he also cast his vote in the last Assembly Election held in the month of April, 2026. 

Learned counsel for the petitioner stated that the petitioner made several representations to the authorities, but till date no decision has been taken, though the document verification for allotment of MBBS seat is fixed on August 18, 2026. He said that if the EWS certificate is not granted to the petitioner, he will not be able to appear before the authority for verification of the documents and he will not get the MBBS seat despite being a meritorious candidate. 

Taking note of the urgency, the Court directed the Additional District Magistrate, North 24 Parganas, to immediately consider the petitioner’s request for an EWS certificate and pass an appropriate order.

The Court further directed that if the petitioner was found eligible, the EWS certificate should be issued as early as possible and, in any event, by 5 pm on August 18. If the petitioner was found ineligible, the authority was directed to provide reasons for rejecting the request.

Importantly, the Court clarified that the authority shall not take into consideration the deletion of the petitioner’s mother’s name from the voter list while considering his request for the EWS certificate.

"This Court finds that there is an urgency as August 18, 2026 that is tomorrow is the date for verification of the documents of the petitioner for allotment of the seat of MBBS in any college in the State of West Bengal. In view of the above, the respondent no. 3, the Additional District Magistrate, North 24 Parganas, New Administrative Building, North 24 Parganas is directed to immediately consider the request of the petitioner with regard to issuance of EWS certificate and to pass appropriate order and if the petitioner is eligible to get the EWS certificate the same may be issued as early as possible by latest today at 5.00 p.m. if the petitioner is not entitled to get the certificate, reasons be assigned. It is made clear that the authority shall not take into consideration of deletion of name of the mother from the voter list," the court said in its August 17 order. 

The Court also allowed the petitioner to communicate the gist of its order to the Additional District Magistrate. The authority was directed to act in accordance with the order and the communication submitted by the petitioner.

Listing the matter for next hearing on September 16, 2026, the court stated, "This order is passed only for taking into consideration that there is an urgency as on August 18, 2026, there is a date fixed for verification of the documents."

To view the court order, click on the link below:

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