The central legal point established in the judgment is the mandatory implementation of the EWS reservation policy as per the constitutional mandate provided under Article 15(6) and Article 16(6) of the Constitution of India.

JUDGMENT

Aniruddha Roy, J. - The petitioner was an aspirant in National Eligibility Cum Entrance Test (NEET) (UG), 2022 for the under graduate medical course. Upon verification of the documents and records pertaining to the candidature of the petitioner, the petitioner was issued with an admit card to participate in the said examination which was held on July 17, 2022. The petitioner participated as an Economically Weaker Section (for short, EWS) candidate. The result was declared on September 07, 2022 and the petitioner secured a Rank 80322 as All India Rank for counseling and secured the general EWS Rank 11423 for counseling, Annexure P-4 to the writ petition. Under the seal and signature of the General Secretary, West Bengal, the State had issued a notification by way of an Office Memorandum dated July 09, 2019 (for short, the reservation notification), Annexure P-5 to the writ petition, whereunder 10% reservation in direct recruitment in civil posts, services in the Government of West Bengal and for Admission in Educational Institutions was provided for the persons belonging to the said EWS, who were not covered under the scheme of reservation for SCs, STs and OBCs. The petitioner being an EWS candidate had received the necessary certificate from the concerned authority and participated in the said Entrance Examination as such. From the official website it appeared that the respondent no.4 issued a notification dated October 11, 2022 Annexure P-6 to the writ petition specifying the program for counseling in West Bengal for the Under Graduate Medical Entrance Course. On the basis of the said notification the petitioner applied for online registration within the stipulated period and also participated in the verification process as per the schedule, which was held on October 28, 2022. The petitioner physically attended Nil Ratan Sircar Medical College (for short, NRS), where all the documents and records of the petitioner were duly verified by the competent authority and necessary certificate for such verification was issued, page 38 to the writ petition.

2. On October 28, 2022 the Provisional Seat Matrix Round-I had been published. The name of the petitioner had appeared under Serial No.4086 as a successful verified candidate in the counseling process. The final list of candidates had also been published on October 29, 2022, wherein, the name of the petitioner had also featured against Serial No. 4088. From the seat matrix, it appeared that the name of the petitioner was under Serial No. 317 under the EWS qualified candidates in West Bengal Annexure P-7 to the writ petition. On perusal of the seat matrix it appeared that considering the total number of seats for the medical entrance for the under graduate medical course, the requisite number of seats which is equivalent to 10% of total seats were not ear marked or reserved under the EWS reservation in terms of the said reservation notification, which is a mandatory requirement of the Constitution. Being aggrieved by the said illegal and arbitrary action on the part of the State authorities the petitioner filed the instant writ petition with the following prayers:-

'a) Kind Leave be granted to move this writ application as urgent one without adequate service of notices as well as copy of the writ application upon the respondent authorities by dispensing Rule 26 of the Appellate Side Writ Rules for moving an application under Article 226 of the Constitution of India;

b) A Writ of and/or in the nature of Mandamus directing the respondent, their men, agents, subordinates and each one of them to admit the petitioner in MBBS Course in any Government Medical College/Government Aided Medical College under EWS category by following the reservation policy forthwith;

c) A Writ of and/or in the nature of Mandamus directing the respondent, their men, agents, subordinates and each one of them to prepare and published a fresh Seat Matrix List by following the reservation policy particularly th