Calcutta High Court Seeks State's Response On Plea By Former OBC Candidates Seeking EWS Reservation In Teacher Recruitment

The Calcutta High Court has sought responses from the West Bengal Government and the West Bengal Board of Primary Education (WBBPE) on a plea by candidates who had initially applied under the OBC-A and OBC-B categories for primary teacher recruitment but subsequently obtained Economically Weaker Section (EWS) certificates and sought permission to update their category.

Justice Arjun Ray Mukherjee was hearing a writ petition filed by Mohabul Islam and others (WPA 31572 of 2026), challenging a notification dated October 14, 2026, issued by the WBBPE. The notification had allowed candidates who had applied under the OBC-A and OBC-B categories to modify their categories between October 14 and October 31, 2026, failing which they would automatically be treated as unreserved category candidates.

The petitioners sought quashing of the notification or, alternatively, a direction to modify it to permit them to update their category to EWS.

The petitioners had applied for the posts of Assistant Teachers in Government-aided and Government-sponsored Primary and Junior Basic Schools pursuant to recruitment notifications issued on September 25, 2025 and November 19, 2025. The recruitment process was initiated to fill 13,421 vacancies under the West Bengal Primary School Teachers Recruitment Rules, 2016.

Their applications were originally submitted under the OBC-A and OBC-B categories.

During the pendency of the recruitment process, a Division Bench of the High Court, in June 2025, had stayed the operation of certain State notifications concerning OBC classifications and consequential steps. However, the Supreme Court subsequently stayed the operation of the High Court's order on July 28, 2025, in a Special Leave Petition filed by the State Government.

Thereafter, on May 18, 2026, the State's Backward Classes Welfare Department withdrew the earlier notifications concerning OBC classifications and issued a fresh notification publishing a list of 66 OBC classes eligible for 7% reservation in State services and posts.

The State's Special Leave Petition challenging the Division Bench judgment was subsequently dismissed as withdrawn by the Supreme Court on July 14, 2026.

Appearing for the petitioners, advocate Sudipta Dasgupta submitted that, following the developments of May 18, 2026, the petitioners had applied for EWS certificates before the competent authorities. After considering their gross annual income, the authorities issued them certificates recognising them as belonging to the Economically Weaker Sections.

Dasgupta argued that since the petitioners could no longer claim the OBC-A or OBC-B status under which they had originally applied, they should be permitted to update their category to EWS rather than being treated as unreserved candidates.

Opposing the plea, senior advocate Subir Sanyal, appearing for the WBBPE, submitted that the Board had acted in accordance with the State Government's policy decision dated May 18, 2026. He said the October 14 notification was issued to provide candidates who had earlier applied under the OBC-A and OBC-B categories an opportunity to modify their categories so that they would not suffer prejudice in future.

Sanyal further argued that granting the petitioners' prayer at this stage would effectively amount to granting the final relief sought in the writ petition. He sought time to file an affidavit.

The Court observed that the central issues requiring consideration were whether the petitioners, in view of the change in circumstances during the pendency of the selection process, had a right to seek treatment as EWS candidates instead of unreserved candidates, and whether the Board had a corresponding obligation to permit such a change.

Holding that these issues could not be decided without affidavits, the Court directed the respondents to file their affidavit-in-opposition within three weeks after the Puja Vacation. The petitioners were permitted to file their reply, if any, within a week thereafter.

The Court also granted liberty to candidates represented by advocate Chitta Priya Ghosh to file an appropriate application for being added as party-respondents.

The Court clarified that all steps taken in the meantime would abide by the outcome of the writ petition. The matter was directed to be listed before the Regular Bench after expiry of the stipulated period.

Case Title: Mohabul Islam & Ors. v. The State of West Bengal & Ors.

Case No.: WPA 31572 of 2026