Facts
The petitioners, applicants for recruitment to the post of Constable in the West Bengal Police pursuant to the 2024 recruitment notice, applied under the Economically Weaker Section (EWS) category.
Source reference: para. 1–3The recruitment notice required shortlisted EWS candidates to produce, at the time of interview, an income and asset certificate valid for the year 2023–24 or onwards, issued for the financial year 2022–23 or onwards.
Source reference: para. 1–3The application window was from 7 March 2024 to 5 April 2024.
Source reference: para. 3Interviews were conducted in January–February 2026, and the recruiting authority did not accept certificates issued after the interview dates.
Source reference: para. 17–18, 30Issues
Whether the last date for submission of the recruitment application, namely 5 April 2024, was the crucial date for determining the validity and issuance of an EWS certificate.
Source reference: para. 4–5, 31–35Whether the recruitment authority could accept EWS certificates issued after 5 April 2024 but valid for the prescribed financial year and produced at the time of interview.
Source reference: para. 28–30, 38–44Whether the petitioners, having participated in the recruitment process without challenging the relevant condition in the recruitment notice, were barred by estoppel from questioning it subsequently.
Source reference: para. 14, 36–38, 48Law Applied
The Court applied the principle that the last date for submission of an application is ordinarily the crucial date for production of an EWS income and asset certificate, but this rule does not apply where the recruiting authority fixes a different date or procedure.
Source reference: para. 31, 34, 36The Office Memorandum dated 31 January 2019 and the Government of India’s EWS FAQs dated 19 September 2022 recognise that the crucial date may be the closing date for applications, except where a different crucial date is prescribed in the recruitment notice.
Source reference: para. 31, 34The Court relied on Union Public Service Commission v. Gaurav Singh , (2024) 2 SCC 605, and Divya v. Union of India , (2024) 1 SCC 448, while distinguishing them on the facts and terms of the present notice.
Source reference: para. 5–7, 35, 45–47It further applied the doctrine of estoppel by conduct, as recognised in Union of India v. S. Vinodh Kumar , (2007) 8 SCC 100, under which a candidate who participates in a selection process with knowledge of its terms cannot subsequently challenge those terms.
Source reference: para. 19, 48The Court also applied the principle that the recruitment authority cannot alter the rules of selection after the process has commenced.
Source reference: para. 38Reasoning
The Court held that the recruitment notice did not require the EWS certificate to have been issued on or before 5 April 2024.
Source reference: para. 28, 39–40Instead, it specifically required shortlisted candidates to produce a certificate valid for 2023–24 or onwards at the time of testimonial verification during the interview.
Source reference: para. 28, 39–40The expression “onwards” covered certificates issued for the prescribed financial years up to the interview, and the authority had not accepted certificates issued after the interview.
Source reference: para. 29, 30, 40–44Accordingly, the interview-stage production requirement constituted a different crucial date within the exception recognised by the Office Memorandum and EWS FAQs.
Source reference: para. 34, 36, 39The Court further found that the petitioners were aware of this condition from the original recruitment notice but participated without objection.
Source reference: para. 37–38, 48Permitting their challenge at a later stage would therefore be contrary to the doctrine of estoppel by conduct and would effectively alter the selection criteria after commencement of the process.
Source reference: para. 37–38, 48The Court distinguished Kamalakanta Maiti , where the notice expressly required the certificate to be issued before the last date for receiving applications, and Shreyasi Dhang and Hasibur Rahman Mondal , which involved materially different factual and regulatory circumstances.
Source reference: para. 45–47Holding
The Court held that EWS certificates valid for the financial year 2022–23 or onwards, issued up to the date of interview and produced during the interview, were valid for the recruitment process, subject to the candidates otherwise satisfying the eligibility requirements.
The petitioners were not entitled to restrict consideration to certificates issued on or before 5 April 2024.
Source reference: para. 49–50The writ petition was accordingly dismissed, and the respondents were permitted to complete the recruitment process strictly in accordance with the recruitment notice.
Source reference: para. 49–50Original Court PDF
SUDIPTA CHAKRABORTY AND ORSvsSTATE OF WEST BENGAL AND ORS.
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