Court Allows Participation in Counselling Despite Expired EWS Certificate, Pending Renewal
In a significant ruling, the Calcutta High Court has provided interim relief to Ujjwal Biswas, a candidate who applied under the Economically Weaker Section (EWS) category for the West Bengal Joint Entrance Examination (WBJEE), despite his EWS certificate expiring before the scrutiny of documents. The Division Bench, comprising Justices Rajasekhar Mantha and Rai Chattopadhyay, directed that Biswas be considered for counselling and college allocation under the EWS category, contingent upon the renewal of his certificate within a stipulated timeframe.
The case, MAT 1176 of 2026, arose after Biswas applied for the WBJEE on March 11, 2026, with a valid EWS certificate for the year 2025-2026. However, by the time of document scrutiny on July 10, 2026, his certificate had expired, leading authorities to revert his status to that of a general candidate. Biswas contended that he applied for the renewal of his certificate within the 60-day period allowed after its expiry, as prescribed by law.
The court noted that while a previous Supreme Court ruling in Mohit Kumar v. State of Uttar Pradesh underscored the necessity of possessing a valid certificate at the time of document scrutiny, this case pertained to SC, ST, and OBC categories, which differ in validity duration from EWS certificates. The court found the Divya v. Union of India case more applicable, as it emphasized the necessity of having a valid EWS certificate at the time of application, which Biswas did.
Acknowledging the unique circumstances of the case, the court directed that Biswas be allowed to participate in the ongoing counselling process under the EWS category. This decision is subject to him producing a renewed EWS certificate for the 2026-2027 financial year. If unable to secure the renewal, his admission will revert to a general category based on his rank.
The court further instructed state authorities to expedite the processing of his EWS certificate renewal, expecting completion within two months. It clarified that this interim order is specific to the facts of this case and should not be treated as a precedent for future cases.
Bottom line:-
A candidate applying under the Economically Weaker Section (EWS) category must possess a valid certificate at the time of application. However, if the certificate expires during the interregnum between the application date and document scrutiny, the candidate may still be granted interim relief as an EWS candidate, subject to specific conditions.
Statutory provision(s): Economically Weaker Section (EWS) Reservation, Interim Relief, Administrative Responsibility, Non-precedential Order
Ujjwal Biswas v. State of West Bengal, (Calcutta)(DB) : Law Finder Doc id # 2947301
