Back
Allows EWS Candidate Participation In WBJEE Counselling Amid Certificate Renewal Delay
In a significant for academic aspirants, the has permitted a West Bengal Joint Entrance Examination (WBJEE) candidate to participate in the third round of counselling under the . The bench, led by Justice Rajasekhar Mantha and Justice Rai Chattopadhyay, ruled that the candidate’s eligibility for the should be preserved despite the expiration of his certificate during the examination process.
The Struggle for Eligibility
The petitioner had originally applied for the WBJEE while holding a valid EWS certificate for the year . However, by the time of on , the certificate had expired. Under existing regulations, candidates must renew their EWS certification of the expiration of their previous document. While the petitioner applied for renewal within this window, the initially reverted his status to a , asserting that he lacked a valid, subsisting certificate on the date of .
Legal Arguments and Precedents
Counsel for the relied heavily on the Supreme Court judgment in , arguing that a candidate must possess a valid certificate at the time of .
The High Court, however, distinguished the Mohit Kumar ruling, noting it applied specifically to —categories defined by different longevity and validation standards. Instead, the Court favored the principles established in . Highlighting that the petitioner held a valid certificate at the time of his initial online application, the Court observed that the petitioner had fulfilled the necessary requirements at the critical point of entry.
Key Observations
The judgment clarifies the judicial stance on the timing of administrative documentation:
-
"An SC and ST or OBC status may be valid either for a lifetime or definitely a longer period of time than an EWS certificate. The said decision cannot be applied in this case."
-
"In the instant case, the petitioner on the date of application for WBJEE which is submitted on line admittedly possess a valid EWS certificate."
-
"The petitioner being in the EWS category at the time of application is, therefore, entitled to the benefit of the entire period of 60 days in the peculiar facts and circumstances of the case."
A Conditional Path to Admission
The Court directed that the petitioner be admitted to the counselling process as an EWS candidate for the third round. This relief is strictly conditional: if the petitioner fails to secure a valid EWS certificate, his admission to the chosen course will be terminated, and he will be relegated to the general category based on his merit rank.
The State authorities were further requested to expedite the processing of the petitioner’s renewal application . Justice Mantha emphasized that this order was crafted specifically for the unique facts of the case and should not be treated as a for future litigation.
