22 20.02. WPA 1664 of 2026

2026 Amirul Haque Ct. No. 24 Vs.

Ab State of West Bengal and others.

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Mr. Aritra Palit, Mr. Md. Danish Farooqui.

… for the petitioner. Mr. Debopriyo Karan.

… for the State.

Mr. D.N. Maiti, Mr. A. Santra.

… for the respondent nos. 3 to 7.

Mr. Debapriya Gupta.

… for the respondent no. 8.

Mr. Debraj Bhattacharya, Mr. Subhrajyoti Bhowmick, … for the respondent No. 12.

1. The petitioner is a student in the respondent no. 9.

He is a successful candidate in the NEET(UG)-2023 and had take admission in the said college, which is duly recognized and affiliated to the respondent no.

3.

2. The petitioner has been attending classes since without any protest and demur from the college.

3. The difficulty has arisen at the time of taking the semester examinations, as the University has refused to register the petitioner and allow him to sit in the examination on the ground that the petitioner had not par taken in the counselling round and had been admitted into the college without following the due process.

4. It is not in dispute that the petitioner had been admitted into the college and had attended classes.

5. Mr. Gupta, learned Advocate appearing for the respondent no. 8, submits that the petitioner is not qualified to obtain registration and sit for the examinations as the petitioner did not participate in the counselling round and had been illegally admitted into the college, by the college authorities. Hence, the petitioner cannot claim any equity and sit for the semester examinations.

6. Mr. Bhattacharya, learned Advocate appearing for the respondent no. 12, has adopted the submissions of Mr. Gupta.

7. Mr. Palit, learned Advocate appearing for the petitioner, has placed on record two orders in similar matters, in which interim orders of protection were made in WPA 18346 of 2025 (Hrithik Chandra Sarkar vs. The Union of India & Ors.) dated November 27, 2025. The order of November 27, 2025 was carried in appeal by the University, which has been decided only recently on February 18, 2026. The Hon’ble Appeal Court in MAT 2215 of 2025 (The Vice Chancellor, West Bengal University of Health Sciences & Ors. vs. Hrithik Chandra Sarkar & Anr.)

in no uncertain terms held the following:

“The mandate of Section 14 of the 2020 Act is that the NEET examination is to be conducted by the Homeopathy Commission as defined under Section 2(d). It appears that no entrance test was conducted by the said Commission, as defined under the provisions of the 2020 Act for admission in Homeopathy courses. A composite perusal of Section 2(d), 3 and 14 of the 2020 Act would reveal that the Commission referred to in the Act is the National Commission for Homeopathy. Though a common entrance examination has been conducted by the National Testing Agency pertaining to MBBS/BDS/BHMS courses, the failure of a candidate to pass the said examination or to secure the percentile prescribed prima facie cannot debar his admission in a college to pursue a Homeopathy course since there is o specific precondition to that effect.”

8. The Hon’ble Appeal Court has upheld the interim order without any interference.

9. In view of the afore-stated, I find no reason to take any different view, especially in the light of the decision by the Hon’ble Appeal Court in MAT 2215 of

2025 dated February 18, 2026.

10. Thus, I direct the University to grant provisional registration to the petitioner by March 15, 2026 to enable him to appear in the examination/supplementary examination in the next available semester.

11. Needless to say that this registration and the result of the semester examinations of the petitioner will abide by the result of the instant writ petition.

12. In view of the aforesaid, it is imperative that affidavits are filed in the matter.

13. Let affidavit-in-opposition be filed by March 20, 2026; reply thereto, by April 2, 2026. Let this matter be listed in the Combined Monthly List of April 2026 under the heading “Hearing”.

(Reetobroto Kumar Mitra, J.)