Sanchayita Lahkar

The High Court of Calcutta Single Bench of Justice Kausik Chanda held that the application of the new reservation policy effective from June 10, 2025, to the merit list of the West Bengal Joint Entrance Examination–2025 was "clearly erroneous and unsustainable." The court directed the West Bengal Joint Entrance Examinations Board to recast the merit list by providing 7% reservation only to the 66 Other Backward Classes recognized by the Backward Classes Department prior to 2010. The Board was ordered to complete the exercise within 15 days and to file compliance affidavits, along with the Higher Education Department, on the next hearing date. The court further directed that the order be communicated to the Chief Secretary for dissemination to all relevant State departments.

The matter arose from communications addressed by several merit-listed candidates of the Joint Entrance Test for Medical and Allied Sciences Post Graduate Courses (JEMAS [PG])–2024 to the Chairman of the West Bengal Joint Entrance Examinations Board. These communications alleged non-compliance with the court's order dated May 21, 2025, which had been passed in a writ petition to implement the Division Bench judgment of May 22, 2024, in Amal Chandra Das v. State of West Bengal and connected matters.

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In its May 22, 2024 judgment, the Division Bench struck down the classification of O.B.C.-A and O.B.C.-B categories, invalidated the State's policy introducing 10% reservation for O.B.C.-A and 7% for O.B.C.-B, quashed the related 100-point roster, and nullified all O.B.C.-A and O.B.C.-B certificates issued after 2010. Subsequently, the May 21, 2025 order required the Board to revise the merit list for the JEMAS (PG)–2024 examination, granting 7% reservation to the 66 O.B.C. classes recognized before 2010. Clause (f) of the order expressly directed that no future advertisements or admission processes be initiated for O.B.C.-A and O.B.C.-B candidates, limiting such processes to the pre-2010 recognized classes.

The petitioners alleged that the Board had failed to comply with these directions. The respondents, represented by senior advocates, submitted that appeals (MAT 943 of 2025 and MAT 955 of 2025) had been filed against the May 21, 2025 order, along with applications for stay, and requested that compliance be deferred until these were decided. The petitioners opposed this, stating that filing of appeals or stay applications does not by itself stay the operation of an order nor bar contempt proceedings.

The court noted subsequent developments: The State's Special Leave Petitions against the May 22, 2024 judgment were not stayed by the Supreme Court. On March 18, 2025, the State informed the Supreme Court of a fresh identification process for Backward Classes, expected to conclude in three months. Following this, the State issued notifications in May and June 2025 classifying 140 communities under O.B.C.-A and O.B.C.-B and reintroducing the 10% and 7% reservations effective June 10, 2025.

This new policy was stayed by the Division Bench on June 17, 2025, with the stay extended on July 24, 2025, until August 31, 2025, or further orders. The State challenged the stay in SLP(C) No. 17422 of 2025, and on July 28, 2025, the Supreme Court stayed the June 17 order until August 11, 2025.

Following the Supreme Court's interim order, the Board issued a notice on July 30, 2025, allowing WBJEE-2025 candidates to update their social category details by August 2, 2025, before publication of results. The Board fixed August 7, 2025, for publication of the merit list, applying the new reservation policy effective from June 10, 2025. It was admitted that the West Bengal Commission for Backward Classes had issued 1,151 O.B.C. certificates pursuant to the new policy.

The court recorded: "The issue is straightforward, and so is the answer: a categorical 'No.'" It observed that the Information Bulletin for WBJEE-2025 was issued on December 24, 2024, applications were open from January 22 to February 23, 2025, and the examination was held on April 27, 2025. "In these circumstances, it is wholly beyond comprehension of this Court as to how the new reservation policy effective from June 10, 2025, could have any application to the said examination." The court stated that even if upheld, the policy could only have prospective effect, and its application to the 2025 merit list was "clearly erroneous and unsustainable."

It further recorded that the Board's action violated Clause (f) of the May 21, 2025 order and noted that the Supreme Court's July 28, 2025 interim order did not revive or validate O.B.C.-A and O.B.C.-B certificates nullified by the May 22, 2024 Division Bench order, which remained un-stayed. The court stated that O.B.C. candidates had been allowed to participate on the basis of such cancelled certificates.

The Court directed that the West Bengal Joint Entrance Examinations Board shall recast the merit list and publish a fresh panel, providing 7% reservation for the 66 classes of O.B.C. candidates recognised by the West Bengal Backward Classes Department prior to 2010, in terms of the May 22, 2024, Division Bench judgment in Amal Chandra Das v. State of West Bengal. It ordered that this exercise be completed within 15 days from the date of the order.

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The Court further directed that affidavits of compliance be filed by the Registrar of the West Bengal Joint Entrance Examinations Board and an officer not below the rank of Senior Special Secretary, West Bengal Higher Education Department, on the next date of hearing.

It recorded that in view of pending appeals against the May 21, 2025, order, no contempt proceedings would be initiated at this stage.

The Court instructed that the Registry communicate a copy of the order forthwith to the Chief Secretary, Government of West Bengal, who shall forward it to all concerned State Government departments for their guidance in ongoing and upcoming recruitment and admission processes.

The matter was directed to be listed under the same heading three weeks hence.

Advocates Representing the Parties:

For the Petitioners: Mr. Raghunath Chakraborty, Mr. Supratik Syamal, Mr. Saikat Thakurata

For the Respondents: Mr. Kalyan Bandopadhyay, Sr. Adv., Mr. Amitava Chaudhuri, Mr. Nirmalya Roy, Mr. Rahul Kumar Singh; Mr. D. N. Maiti, Mr. A. Santra, Ms. K. Das; Mr. Kishore Dutta, Ld. Advocate General, Mr. Sirsanya Bandopadhyay, Mr. Biswabrata Basu Mallick, Mr. S. Dasgupta, Mr. S. Siddiqui, Mr. N. Ojha, Ms. Deepti Priya

Case Title: Supriya Mondal & Ors. v. State of West Bengal & Ors.

Case Number: CPAN 1365 of 2025, CPAN 1362 of 2025 in WPA 9132 of 2025

Bench: Justice Kausik Chanda