Authority: Calcutta High Court (High Court at Calcutta, Constitutional Writ Jurisdiction)

Order Date: 15 October 2026

Case Overview

  • Petition: WPA 28984 of 2026, Srikanta Chakraborty and another vs. State of West Bengal and others.
  • Petitioners: Candidates who applied for the 2024 Constable recruitment conducted by the West Bengal Recruitment Board.
  • Background: A 2024 advertisement invited applications; the petition was filed in September 2026, citing the Supreme Court judgment in WPO 16 of 2011 (Kamal Chandra Das vs. State of West Bengal) which reduced OBC‑A and OBC‑B classifications to 66 classes, thereby moving many candidates to the unreserved list.
  • The petitioners argued that allowing those excluded from OBC‑A/B to claim reservation under the Economically Weaker Sections (EWS) category altered the rules after recruitment had begun, increasing competition for original EWS candidates.
  • Clause 3(b) of the advertisement required EWS candidates to produce an Income and Asset Certificate for FY 2023‑24, issued between 01‑04‑2023 and 31‑03‑2024; certificates from other states were not accepted.
  • Petitioners relied on Office Memo No. 325‑PAR(AR)/3P‑1/2019 (9 July 2019), Office Memo No. 36039/1/2019‑Estt (31 Jan 2019), a FAQ dated 19 Sep 2022, notice WBPRB/NOTICE‑2026/10 (14 Sep 2026), and case law: (2024) 2 SCC 605, 2025 SCC OnLine SC 757, MAT 1320 of 2026 (12 Aug 2026).
  • State counsel submitted a report showing 1,251 candidates (both male and female) had opted for the EWS category, either after being excluded from OBC‑A/B or from the unreserved category during a second window for category up‑dation (14‑21 Sep 2026, later extended to 26 Sep 2026).
  • The State argued that the phrase “or onwards” in the advertisement meant the income‑asset certificate could be for FY 2023‑24 or any later financial year, so no rigid “crucial date” existed.
  • The Court examined whether the advertisement fixed a crucial date for EWS certification and concluded that it did not; “or onwards” expands the permissible period, making the 1‑Apr‑2023 to 31‑Mar‑2024 window merely illustrative.
  • The Court noted that the recruitment process, including interviews, was still ongoing in 2026, rendering a restriction to FY 2023‑24 impractical.
  • The petitioners were found to have participated in the process without any earlier objection, thereby being estopped from raising the issue at this late stage.

Final Outcome

  • The Court dismissed the writ petition, holding that:

A. EWS certificates issued for FY 2023‑24 (or any later year) are valid if presented at the interview.

B. Candidates opting for EWS must satisfy all eligibility criteria on the interview date.

C. Mere participation does not confer a right to later challenge the recruitment terms.

D. Petitioners, having participated without protest, are estopped from contesting the process.

E. No order as to costs; urgent certified copy of the order may be provided on application.

Topics: Legal Judgment, Reservation Policy, Police Recruitment