NEET-UG 2026: Candidates Can't Claim EWS Reservation After Declaration Of Results: Calcutta High Court

The Calcutta High Court has held that candidates who applied for NEET-UG 2026 under the General Unreserved or OBC-NCL category cannot subsequently claim reservation under the Economically Weaker Section (EWS) category after the declaration of results and commencement of counselling.

Justice Amrita Sinha observed that allowing candidates to change their category at the counselling stage would disrupt the all-India merit list and prejudice candidates who had declared their EWS status at the time of submitting their NEET application.

The Court was hearing a writ petition filed by eight NEET-UG 2026 candidates seeking permission to participate in the West Bengal counselling process under the EWS category.

One of the petitioners had declared herself as OBC-NCL (Central List) while the remaining petitioners had declared themselves as General category candidates.

The petitioners argued that the Directorate of Medical Education, West Bengal, had issued a Notice-cum-Information Bulletin on August 11, 2026 stating that candidates belonging to the EWS category and domiciled in West Bengal would be considered for reservation in State Quota seats, provided their EWS certificates were successfully verified.

The notice required the EWS certificate to have been issued on or after April 1, 2026.

The petitioners contended that the NEET-UG application window had closed much earlier, between February 8 and March 8, 2026. Therefore, they argued, they had no opportunity to obtain an EWS certificate satisfying the requirement of being issued on or after April 1.

They subsequently obtained EWS certificates and sought permission to claim the benefit of reservation during the counselling process.

The petitioners also alleged discrimination, pointing out that candidates who had declared themselves as General or OBC candidates during NEET registration were permitted to state their category afresh during the WB NEET-UG counselling registration process. However, there was no corresponding provision permitting a fresh declaration of EWS status.

'Subsequent EWS Certificate Cannot Change Declared Category'

Rejecting the plea, Justice Sinha held that candidates were required to disclose their category status at the time of filing their NEET application.

The Court observed that none of the petitioners possessed an EWS certificate when they submitted their applications and had specifically declared themselves as either General or OBC-NCL candidates.

"For getting benefit of reservation under EWS category, the candidates ought to have possessed a valid EWS certificate on the date of filing the application form," the Court held.

It clarified that the subsequent acquisition of an EWS certificate could not alter the category declared by a candidate at the time of applying for NEET.

The Court also rejected the petitioners' interpretation of the West Bengal notice requiring EWS certificates issued on or after April 1, 2026.

Justice Sinha held that the requirement did not mean that candidates could wait until after the NEET application process to obtain an EWS certificate and then change their category during counselling.

The Court observed that the State notice contained no provision granting such a concession.

Changing Category Would Affect Merit List

The Court placed particular emphasis on the consequences that permitting such a change would have on the NEET admission process.

NEET is conducted on an all-India basis and the National Testing Agency publishes an all-India rank merit list, which is relied upon for admissions under both Central and State quotas.

Justice Sinha observed that the admission process requires "absolute transparency and fairness" and that the rules applicable at each stage must be strictly followed.

The Court noted that the NEET result was declared on July 14, 2026 and the all-India merit list had already been prepared.

At that stage, allowing candidates to change their category would have a direct impact on the inter-se merit position of candidates within the EWS category.

Candidates who had declared their EWS status at the prescribed stage could be displaced or denied a better choice of seat if candidates were subsequently permitted to enter the category.

"The said candidates may get a better option at the stage of counselling if they are placed higher up in the rank list," the Court observed.

It added that a right had accrued in favour of candidates who had secured their respective positions in the all-India rank list and that dislodging them without hearing them would be unfair and illegal.

'Rules Of The Game Cannot Be Changed'

The Court further held that allowing a change in category after the publication of the merit list would amount to changing the rules of the admission process after it had already commenced.

"The game began with the publication of the notice of the admission process followed by filing of the application form by the candidate," Justice Sinha observed.

The Court held that permitting a candidate to change their category after the merit list had been published would amount to interfering with and changing the rules of the game, which is barred in law.

The Court also rejected the argument that allowing the petitioners to claim EWS status would affect only their individual candidature.

It observed that such a change would have wider ramifications for the entire admission process and could undermine the sanctity of the all-India merit list.

The Court said candidates who had subsequently obtained EWS certificates could not "simply overtake and try to steal a march over" candidates who had already disclosed their reservation status when submitting their applications.

Such lateral entry of candidates into the reserved category, it held, could cast a shadow over the sanctity of the merit list and lead to "complete anarchy."

The Court relied upon the Supreme Court's decision in Divya v. Union of India, where the Court held that candidates seeking EWS benefits on the basis of certificates issued beyond the stipulated deadline could not be considered.

Justice Sinha also relied upon the Supreme Court's April 10, 2026 decision in Poonam Dwivedi & Ors. v. State of UP & Ors., which reiterated that an EWS certificate for the specified financial year in the prescribed form must be in the candidate's possession on or before the cut-off date.

The Court also referred to the Delhi High Court's decision in Shyam Sunder v. Union of India, observing that permitting a change in category in an examination involving lakhs of candidates could result in the entire result and selection process being redrawn.

The Gujarat High Court's decision in Vismay v. Union of India was also relied upon, wherein it was held that a candidate who had applied as a General category candidate could not subsequently change the category to EWS after being declared successful.

Justice Sinha held that the NEET Information Bulletin issued at the time of application and the subsequent West Bengal counselling notice had to be read together.

"None can be read in isolation or else the entire admission process would get unsettled," the Court observed.

Finding no merit in the petitioners' claim, the Court dismissed the writ petition without imposing costs.

The petitioners had sought permission to register for the WB NEET-UG counselling process, which commenced on August 13 and was scheduled to continue till August 16, 2026.

Case: Hasibur Rahaman Mondal & Ors. v. State of West Bengal & Ors.

Case No.: WPA No. 21501 of 2026

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