IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION

Appellate Side

Present:

The Hon’ble Justice Biswajit Basu

WPA 27446 of 2025

Nahid Alam

Versus

The West Bengal Medical Counselling Committee (WBMCC) & Ors.

For the Petitioner : Mr. Ujjal Ray

Mr. Supratic Roy Mr. Shuvajit Roy

For the State : Mr. Swapan Kumar Datta, Ld. GP

Mr. Dipankar Dasgupta

Mr. Sabyasachi Mukherjee

For the Respondent No.3 : Mr. D.N. Maiti

Mr. A. Santra

For the WBMCC : Mr. Sirsanya Bandyopadhyay

Ms. Deboleena Ghosh

For the NMC : Mr. Sunit Kumar Roy

Heard on : 11.12.2025 Judgment on : 11.12.2025

Biswajit Basu, J:

1. The petitioner is the resident of a remote village of the State, 25 km away from the Islampur town of the District- Uttar Dinajpur. The father of the petitioner is a farmer. The petitioner, since childhood, had cherished the dream to be a doctor, he studied at a village school and had crossed different

obstacles to reach to the doorstep of NEET-UG, 2025.

2. The petitioner had participated in the said entrance Test though under OBC-A category but without taking benefit of the said reservation, on the strength of his merit, he was allotted a seat under the State quota at the Jagannath Gupta Institute of Medical Sciences and Hospital (JIMSH). The admission procedure in the said allotted seat was required to be completed between the period from November 18, 2025 to November 20, 2025.

3. On November 17, 2025, a provisional allotment letter in favour of the petitioner was uploaded on the website of the West Bengal Medical Council (WBMC). The petitioner had downloaded the said allotment letter on November 18, 2025 at 3:23 p.m.

4. The father of the petitioner had planned that he would pay Rs. 15 lakhs out of the total College fees of Rs. 25 lakhs and to pay the rest, shall take the benefit of Student Credit Card, accordingly he had handed over two cheques of the said amount of Rs. 15 lakhs to the petitioner.

5. The petitioner, on November 19, 2025 had started for Kolkata and after an overnight journey reached to the college on November 20, 2025, which was the last scheduled date for admission. The petitioner, on reaching college came to learn that in order to complete the admission procedure, he is required to deposit the course fees in the designated department at IPGME&R (SSKM), Kolkata.

6. The petitioner was in Kolkata for the first time as such, after much difficulty reached to the IPGME&R (SSKM), Kolkata but he was informed there that the course fees cannot be paid through cheque, only bank draft/pay order is acceptable. The petitioner could not manage to comply with the said payment mode as such failed to take admission.

The petitioner is praying that he may be allowed to take admission in his allotted seat at JIMSH.

7. Mr. Sunit Kumar Roy, learned advocate for the National Medical Commission submits that the last date for admission is over, the relevant portal is closed, therefore, it would not be possible for the Commission to allow the petitioner to take admission.

8. Mr. Sirsanya Bandopadhyay, learned senior Standing Counsel submits that his client has no independent role to allow the admission of the petitioner.

9. Mr. Ujjal Ray, learned advocate for the petitioner submits that the father of the petitioner had sold some of his landed properties to arrange for the part of the course fees, in fact he had used his bank account for the first time to make the said payment, it was never informed to the petitioner that the fees cannot be paid through cheque. The petitioner is belonging to a marginal section of the society, as such, his fight to come up must be encouraged.

Heard learned counsel for the parties, perused the materials-on-

record.

10. The Hon’ble Supreme Court in the case of S. KRISHNA SRADHA vs. THE STATE OF ANDHRA PRADESH AND OTHERS reported in 2019 SCC OnLine SC 1609 has observed inter alia that a meritorious candidate/student who has been denied an admission in MBBS course illegally or irrationally by the authorities for no fault of his/her and who has appro