Calcutta High Court Allows EWS Candidate To Participate In WBJEE Counselling Despite Expired Certificate, Subject To Renewal
The Calcutta High Court has granted interim relief to a WBJEE candidate by permitting him to participate in the third round of counselling under the Economically Weaker Sections (EWS) category despite the expiry of his EWS certificate after submitting his application, holding that the peculiar facts of the case warranted such protection.Justice Amrita Sinha clarified that the order was passed...
The Calcutta High Court has granted interim relief to a WBJEE candidate by permitting him to participate in the third round of counselling under the Economically Weaker Sections (EWS) category despite the expiry of his EWS certificate after submitting his application, holding that the peculiar facts of the case warranted such protection.
Justice Amrita Sinha clarified that the order was passed in the special facts and circumstances of the case and "shall not be treated as precedent in future."
The appeal arose from an interim order of a Single Judge directing the State authorities to expedite the petitioner's application for issuance of an EWS certificate for the financial year 2026-2027.
The petitioner had applied online for the West Bengal Joint Entrance Examination (WBJEE) on March 11, 2026 under the EWS category by uploading a valid EWS certificate for the financial year 2025-2026. During document verification on July 10, 2026, however, his candidature was treated as that of a general category candidate since his earlier EWS certificate had expired and a fresh certificate for 2026-2027 had not yet been issued.
Before the Bench, the petitioner contended that he had applied for renewal of his EWS certificate on the 60th day after the expiry of the earlier certificate, which was within the time prescribed under the applicable rules. Although he remained eligible for admission as a general category candidate, denial of EWS status would significantly affect his chances of securing a preferred college and course.
The University relied on the Supreme Court's decision in Mohit Kumar v. State of Uttar Pradesh to argue that a candidate must possess a valid reservation certificate on the date of document scrutiny. The Bench, however, held that the decision was rendered in the context of SC, ST and OBC reservations and could not be mechanically applied to EWS certificates, which are issued only for a single financial year.
"The Mohit Kumar judgment was in the context of SC, ST and OBC reservations and not the EWS category. 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 at hand," the Court observed.
The Bench also examined the Supreme Court's judgment in Divya v. Union of India, where it was held that a UPSC candidate seeking EWS reservation must possess a valid certificate on the date of submission of the application.
According to the High Court, that decision actually supported the petitioner's case since he indisputably possessed a valid EWS certificate on the date he submitted his WBJEE application.
"The petitioner on the date of application for WBJEE which is submitted online admittedly possessed a valid EWS certificate. He applied for renewal thereof within the time prescribed under the law thereafter. The aforesaid Divya judgment, in fact, supports the case of the appellant/petitioner," the Court held.
The Court further distinguished the present case from a situation where a candidate merely applies for an EWS certificate before the examination but does not possess one on the application date.
"It is relevant here to consider the submission of the learned counsel for the State. It is submitted that normally EWS certificate is required to be issued within 60 days of such application. 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," the Bench observed.
Accordingly, the Court directed that, as an interim measure pending disposal of the writ petition, the petitioner be permitted to participate in the ongoing third round of WBJEE counselling as an EWS candidate and be allotted a college and course according to his EWS rank, preferences and availability.
The Bench made it clear that the petitioner's admission would remain subject to production of an EWS certificate for the financial year 2026-2027. If the State ultimately declines to issue the certificate, his admission under the EWS category would automatically stand terminated and he would instead be considered for admission as a general category candidate based on his merit.
The Court also requested the State to expedite processing of the petitioner's EWS application and communicate its decision within two months, while permitting the petitioner to produce the certificate before the University within the same period.
Case Title: Ujjwal Biswas v. State of West Bengal & Ors.
Case No.: MAT 1176 of 2026