Calcutta High Court (Appellete Side)
Jyotirmoy Hati vs State Of West Bengal & Ors on 6 February, 2026
Author: Amrita Sinha
Bench: Amrita Sinha
S/L 2
06.02.2026
Court No.18
SD
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
WPA 2511 of 2026
Jyotirmoy Hati
Vs.
State of West Bengal & Ors.
Mr. Firdous Samim
Ms. Gopa Biswas
Mr. Hasanuz Zaman Molla
Mr. Rajosik Dutta
Mr. Imzamamul Islam
... for the Petitioner.
Mr. Swapan Kumar Datta, Ld. GP
Mr. Tapas Kumar Roy
... for the State.
Mr. Kalyan Bandopadhyay, Sr. Adv.
Mr. Biswaroop Bhattacharyya
Mr. Arka Kumar Nag
Mr. Rahul Kumar Singh
... for the WBCSSC.
1.Affidavit of service filed in Court today be kept with the records.
2. The petitioner participated in 2nd SLST, 2025 under EWS category. The petitioner asserts that two certificates issued by the Government of West Bengal both dated July 2, 2025 valid for the year 2025-2026 declaring the income and asset certificates of the candidates were produced before the Commission at the time of document verification.
3. The candidate was treated as EWS category till the publication of the preliminary interview list and also in the intimation letter for oral interview and lecture demonstration but not empanelled in the provisional panel that was published for recruitment. In the said list the petitioner was treated as general 2 category candidate. The petitioner is aggrieved by the same.
4. The petitioner submits that both the documents annexed at pages 39 and 40 of the writ petition at the time of document verification were produced before the authority but the authority considered page 40 without considering page 39.
5. Prayer has been made to direct the Commission to treat the candidature of the petitioner under EWS category.
6. Submission of the petitioner has been opposed by the Commission. The Commission specifically submits that page 39 was not produced by the candidate at the time of document verification. In the absence of the said certificate, the candidate cannot be treated as EWS candidate. Prayer has been made to permit the Commission to file opposition in the matter.
7. Prima facie, it appears that the certificates relied upon by the petitioner in support of reservation are both dated July 2, 2025. As per the recruitment rules, a candidate is required to rely upon documents issued prior to July 21, 2025.
8. The petitioner asserts that page 39 was produced before the Commission at the time of document verification. The Commission denies the said contention.
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9. The Court fails to understand the reasoning as to why a candidate, despite having a valid reservation certificate, will not produce the same to get the benefit of reservation.
10. Nevertheless as prayer has been made by the Commission for filing affidavit, let the affidavit be prepared and circulated by February 16, 2025.
11. Re-list the matter on February 19, 2026.
12. Exception may be filed by the petitioner prior to the adjourned date.
13. The candidature of the petitioner in EWS category shall abide by the result of the writ petition.
14. Parties to act on the basis of the server copy of this order duly downloaded from the official website of this Court.
(Amrita Sinha, J.)