Calcutta High Court
MAT/1606/2026 of ARSHADUL ARFIN MONDAL Vs THE UNION OF INDIA AND OTHERS on 23 September 2026
Item No. 9 ap M.A.T. 1606 of 2026 With I.A. No. CAN 1 of 2026 Arshadul Arfin Mondal Versus The Union of India & Ors. Mr. Arshadul Arfin Mondal. …Appellant (in person). Mr. Billwadal Bhattacharya, ld. AAG, Mr. Srijib Chakraborty, Mr. Aditya Mondal. . …For the WBMCC. Mr.
23.09.2026.
Court No.13
Item No. 9
ap
M.A.T. 1606 of 2026
With
I.A. No. CAN 1 of 2026
Arshadul Arfin Mondal
Versus
The Union of India & Ors.
Mr. Arshadul Arfin Mondal.
…Appellant (in person).
Mr. Billwadal Bhattacharya, ld. AAG,
Mr. Srijib Chakraborty,
Mr. Aditya Mondal.
. …For the WBMCC.
Mr. Kallol Kumar Bose,
Mr. Falguni Bandyopadhyay.
…For the UOI.
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1. Affidavit-of-service filed in Court today be taken on record.
2. The instant intra court appeal is directed against the judgment and order dated 14th September, 2026 passed by a learned Single Judge of this Court in W.P.A. 22941 of 2026.
3. The writ petitioner prior to May, 2024 belonged to OBC “A” Category. The Categorization of OBC into “A” and “B” and particularly 177 classes were struck down by a Co-ordinate Bench of this Court vide judgment and order dated 22nd May, 2024 (Amal Kumar Das – Vs. – The State of West Bengal & Ors.).
4. The writ petitioner participated in the NEET (UG) Examination, 2026, declaring himself in the OBC “A” Category. He was considered as a General Category candidate since the OBC “A” Category to which the petitioner belongs to was struck down by a Co- ordinate Bench of this Court, as indicated hereinabove.
5. NEET Examination that conducted in May, 2026 was cancelled for various reasons and held afresh. In the meantime, the petitioner applied for certification belonging to the Economically Weaker Section (in short EWS). He obtained such certification on 21st August, 2026. He filed a writ petition for seeking mandamus upon the respondents to consider his candidature in the NEET (UGC), 2026 as belonging to EWS Category. In essence, the petitioner seeks to change his categorization from General/OBC “A” to EWS.
6. It is now well-settled that post filing of the initial application for participation in any competent examination, a candidate is not normally entitled to change his categorization or seek reservation much less on a certificate obtained post the examination. There is a review application in respect of the decision of this Court dated 18th August, 2026 passed in M.A.T. 1374 of 2026 (Hasibur Rahaman Mondal & Ors. – Vs.
– The State of West Bengal & Ors.). The petitioner even otherwise does not fall within the category mentioned in the decision of Hasibur Rahaman Mondal & Ors. dated 18th August, 2026 (supra).
7. In view of the above, the impugned judgment and order calls for no interference at all.
8. M.A.T. 1606 of 2026 shall stand dismissed.
9. In view of dismissal of the appeal itself, the connected application being CAN 1 of 2026 shall also stand dismissed.
10. There will be no order as to costs.
11. All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.
(Rajasekhar Mantha, J.)
(Anuj Singh, J.)