The Calcutta High Court has refused to permit NEET UG 2026 candidates to change their category from General or OBC-NCL to Economically Weaker Section (EWS) after the examination and publication of the all-India merit list.
Justice Amrita Sinha dismissed the writ petition filed by eight candidates seeking permission to participate in West Bengal's medical and dental counselling under the EWS category on the strength of certificates obtained after April 1, 2026.
Background of the Case
The petitioners had appeared for NEET UG 2026. One candidate had declared herself OBC-NCL (Central List), while the remaining candidates had disclosed their category as General at the time of examination registration. None of them possessed an EWS certificate when the NEET application form was submitted.
The NEET application window was open from February 8 to March 8, 2026. Later, the West Bengal Directorate of Medical Education issued a counselling notice stating that EWS candidates would need an EWS certificate issued on or after April 1, 2026 for claiming reservation in State Quota seats.The petitioners argued that they could not have obtained such certificates when the NEET application was filed and therefore should be allowed to declare their EWS status during counselling. They sought permission to register under the EWS category during the counselling process, which was scheduled from August 13 to August 16.
Court's Observations
Justice Amrita Sinha held that the petitioners' argument overlooked the larger impact of changing category status after the merit list had been prepared.
The Court noted that NEET is conducted across India and the all-India rank forms the basis for admissions under both Central and State quotas. It stressed that transparency, fairness and equal treatment require the prescribed rules to be followed at every stage.
The Court observed that a candidate seeking EWS reservation should have possessed a valid EWS certificate at the relevant stage of filing the application. Obtaining an EWS certificate later, the Court said, would not alter the category declared in the NEET application.
The Court also pointed out that EWS status is linked to income and assets for a particular financial year and can therefore vary from year to year. This makes it different from categories whose status does not ordinarily change with the financial year.
Importantly, the Court found that allowing a category change after publication of the merit list could affect candidates who had already declared EWS status within the prescribed timeline.
“The game began with the publication of the notice of the admission process followed by filing of the application form,” the Court remarked, holding that changing the category after publication of the merit list would amount to changing the rules of the game.
The Court also relied upon earlier decisions, including the Supreme Court's rulings in Divya v. Union of India and Poonam Dwivedi v. State of U.P., concerning EWS certificates and prescribed cut-off dates.
Decision
Justice Amrita Sinha held that no relief could be granted to the petitioners. The Court dismissed the writ petition and made no order as to costs.
Case Details
Case Title: Hasibur Rahaman Mondal & Ors. v. State of West Bengal State & Ors.
Case Number: WPA No. 21501 of 2026
Judge: Justice Amrita Sinha
Decision Date: August 14, 2026
