SHAHJAD GOFRAN HASMI vs STATE OF WEST BENGAL AND ORS.

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Form J(2)
Sl.No.1
Sc
In the High Court at Calcutta
Constitutional Writ Jurisdiction
Appellate Side

Present:
The Hon’ble Justice Aniruddha Roy



WPA 22940 OF 2026




Shahjad Gofran Hasmi



Vs.

The State of West Bengal & Ors.

For the Petitioner : Mr. Pritam Chowdhury, Adv.
Mr. N. Nazar Chowdhury, Adv.
Ms. Farfheen Rais, Adv.
Mr. Yousuf Hassan, Adv.

For the Respondent Nos. 1 & 2 : Mr. Shiv Shankar Banerjee, Adv.
Ms. Megha Sarkar, Adv.


For the Respondent Nos. 5 & 6 : Mr. Lokenath Chatterjee, Adv.
Ms. Mary Datta, Adv.





Heard on : September 1, 2026
Judgment on : September 1, 2026


[ In Court ]

Aniruddha Roy, J. :
1. Upon urgency being shown and since regular determination has
been assigned before this Bench, the matter has been taken up for
consideration after being satisfied with the urgency involved therein.
WPA 22940 OF 2026
A.Roy, J.

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Facts :

2. The petitioner is an aspirant for the NEET UG 2026 . An issue has
been cropped up with regard to his Domicile Certificate as per the
requirement for participation in the Counseling process. The petitioner
has not yet been aware of whether his candidature has been cancelled or
not on the issue of Domicile Certificate.
3. In view of the above, since the future of an aspirant for medical
education is involved in the equitable jurisdiction, this Court passes the
following directions :
a) Petitioner shall serve a copy of complete set of the writ petition
along with a copy of today’s order upon the respondent no.3
forthwith;
b) The respondent no.3 upon issuing a prior seven days’ notice of
hearing to the petitioner shall decide the issue in the light of the
case made out in the writ petition with regard to the Domicile
Certificate of the petitioner after granting him an opportunity of
hearing and by passing a reasoned order in accordance with
law;
c) The entire exercise shall be carried out and completed by the
respondent no.3 within three weeks from the date of
communication of this order;
d) The reasoned order shall be communicated to the petitioner
within a week after the same is passed;
WPA 22940 OF 2026
A.Roy, J.

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e) In the event, the reasoned order goes in favour of the petitioner,
the respondent no.3 and/or any other appropriate authority
shall take all necessary and consequential steps to give an
immediate effect thereto but expeditiously.

4. It is made clear that, this Court has not expressed any opinion on
the merits of the claim of the petitioner and the petitioner shall be at
liberty to urge whatever points he wishes to urge by relying upon
whatever records and documents he wishes to rely upon before the
respondent no.3 but the same shall not travel beyond the scope of the
writ petition and shall be restricted only on the issue of Domicile
Certificate.
5. This order shall not create any right or equity in favour of the
petitioner, if the petitioner is not eligible to receive his claim with regard
to the Domicile Certificate strictly in accordance with law.
6. It is clarified that, in the event the reasoned order goes in favour of
the petitioner and if he otherwise comes within the consideration zone on
his own merit to avail of the State quota/college, the candidature of the
petitioner shall be considered strictly in accordance with law.
7. Since affidavits are not called for, the allegations made in this writ
petition are deemed not to have been admitted by the respondents.
8. This order, however, shall not be treated as a precedence.
9. With the above observations and directions this writ petition, WPA
22940 of 2026 stands disposed of without any order as to costs.
WPA 22940 OF 2026
A.Roy, J.

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10. Parties shall act on the server copy of this order duly downloaded
from the official website of this Court.
11. Photostat certified copy of this order, if applied for, be furnished to
the parties on usual undertaking.


(Aniruddha Roy, J.)

WPA 22940 OF 2026
A.Roy, J.