Court Rules That Aspirants Cannot Switch from General to EWS Category After Cut-off Date, Citing Violation of Articles 14 and 16 of the Constitution and Fairness in Selection Process
In a significant judgment delivered on September 2, 2026, the Calcutta High Court dismissed a writ petition filed by Falguni Maity @ Falguni Maity Samanta, who sought to change her application status from the general category to the Economically Weaker Section (EWS) category in the Second SLST, 2025 recruitment process. The court, presided over by Justice Aniruddha Roy, firmly held that such a conversion after the prescribed cut-off date undermines the fairness and equality principles enshrined in Articles 14 and 16 of the Constitution of India.
The petitioner had initially applied under the general category due to the absence of a valid EWS certificate at the time of application submission. Although she subsequently obtained the EWS certificate, her request to switch categories was denied by the Central School Service Commission as the cut-off date for such conversions had already passed.
The petitioner’s counsel relied on a recent order by a co-ordinate bench in the case of Sonali Paul & Anr. v. State of West Bengal & Ors., wherein candidates possessing EWS certificates within the cut-off date were permitted to convert their category. However, the court distinguished the present case, emphasizing that the petitioner did not meet the EWS criteria at the time of application or within the cut-off date.
Justice Roy underscored that the recruitment process is governed by well-defined rules, and altering these rules mid-process would amount to changing the "rule of the game," which is impermissible. Allowing post-deadline conversions would encroach upon the reserved quota for genuine EWS candidates, leading to unequal and unfair participation. The court elaborated that the earmarked zone for EWS candidates is a legitimate space that must be preserved to maintain equality among candidates.
The judgment reiterates the principle that unequals cannot be treated as equals in recruitment processes, reinforcing the integrity of reservation policies. Consequently, the court dismissed the petition without costs, upholding the Central School Service Commission’s decision and setting a precedent for strict adherence to cut-off dates in category-based recruitment.
This judgment serves as a crucial reminder for aspirants and recruiting authorities alike that timely compliance with category status and certificate requirements is essential to ensure fairness and equality in public employment.
Bottom Line:
Recruitment process - Aspirant who applied under general category cannot change status to EWS category after the cut-off date for conversion has passed. Such conversion would violate Articles 14 and 16 of the Constitution, leading to unequal participation and compromising the fairness of the selection process.
Statutory provision(s):
Articles 14, 16 of the Constitution of India
