Calcutta High Court Rules SLST Aspirant Cannot Switch From General to EWS Category After Cut-Off

In a significant ruling on recruitment fairness, the Calcutta High Court has held that an aspirant who applied under the general category for the Second SLST, 2025 cannot later convert to the Economically Weaker Section (EWS) category after missing the cut-off date prescribed by the School Service Commission. Justice Aniruddha Roy dismissed a writ petition seeking such a conversion, emphasizing that altering the “rule of the game” mid-process would violate constitutional equality guarantees.

The Case Background

Falguni Maity, an aspirant for the Second SLST, 2025, originally intended to apply under the EWS category but did not possess a valid EWS certificate at the time of application. Consequently, she applied as a general category candidate. After the application window closed, she obtained an EWS certificate and sought to switch her candidature. The School Service Commission had earlier provided a cut-off date for candidates to change categories, but Maity had not availed that window since she still lacked the certificate during that period.

Arguments Presented

The petitioner, represented by Mr. Sudip Ghosh Chowdhury, relied on a communication from the Joint Commissioner for Reservation and Special Secretary and a prior coordinate bench order in Sonali Paul & Anr. v. State of West Bengal & Ors. to argue that conversion should be permitted.

The School Service Commission, through Senior Advocate Mr. Nilanjan Bhattacharjee, opposed this plea, contending that allowing late-stage category changes would disrupt the integrity of the selection process. They noted that the Commission had already offered a conversion opportunity, which the petitioner failed to utilize due to her ineligibility at that time.

Legal Analysis

The Court scrutinized the timeline: Maity did not have an EWS certificate when she applied, nor did she apply for conversion within the prescribed cut-off date. The Commission’s rules were well-defined and not under challenge. Justice Roy observed that altering these rules for an individual candidate would violate the principle of equality under Articles 14 and 16 of the Constitution.

Permitting conversion, the Court reasoned, would encroach upon the vacancies reserved for EWS candidates, who had legitimate expectations of competing within a designated zone. Those who applied under the general category were “unequals” to EWS candidates within that zone, and allowing a switcher would disrupt parity.

Key Observations from the Judgment

The Court underscored the irreversibility of the recruitment framework: “When there is a codified well-defined rule of the game for the selection process without any challenge being thrown thereto, such rule of the game cannot be permitted to be altered or changed.”

It further warned that “if such participation on conversion is allowed, it will encroach the room/space earmarked for the EWS category, which will again violate the principle of equality.”

Summing up the constitutional principle, Justice Roy stated: “In a recruitment process unequals cannot be treated as equals.”

Court’s Decision

The High Court dismissed the writ petition with no order as to costs, holding that the petitioner had no right to switch categories after having participated as a general candidate. The Court distinguished the earlier Sonali Paul decision, noting that in that case, the petitioners possessed valid EWS certificates within the cut-off date—a critical fact absent here.

This ruling reinforces the sanctity of recruitment timelines and the strict adherence to eligibility criteria, affirming that flexibility cannot come at the cost of equal opportunity for all qualified candidates.