The student said that when she applied for a domicile certificate for the counselling process, the authorities neither rejected her application nor issued the certificate. (Image generated using AI)The Calcutta High Court recently directed the authorities to issue a domicile certificate to a student who had cleared the West Bengal Joint Entrance Examination (WBJEE), observing that there was no justification for denying her the certificate just because her mother’s name had been deleted from the voter list.Justice Krishna Rao passed the order on August 27 while hearing a plea by a student, who required the domicile certificate for counselling after clearing the WBJEE. The petitioner had also appeared in NEET.“This court does not find any justification by the respondent authorities for denying for grant of domicile certificate to the petitioner,” the court said in its order. Justice Krishna RaoPlea before courtAccording to the petitioner, she was born and brought up in West Bengal and had completed her education up to Class XII in the state. It was stated that she had participated in the NEET examination as well as WBJE examination, which she cleared. She had earlier been issued a domicile certificate in August 2024, certifying her as a permanent resident in one of the villages in Kolkata after an enquiry by the sub-divisional officer.However, when she again applied for a domicile certificate for the ongoing counselling process, the authorities neither rejected her application nor issued the certificate.The state authorities said that the petitioner’s mother’s name had been deleted from the voter list and, therefore, the petitioner was not entitled to a domicile certificate.The court noted that only argument of the respondent authorities was that the name of the mother of the petitioner has been deleted from the voter list and as such, the domicile certificate has not been issued to the petitioner. It, however, noted that the petitioner’s own name continued to appear on the electoral roll and that she had cast her vote in the last Assembly election.Story continues below this ad“At the time of issuance of the domicile certificate, the authorities have to identify the particular person who has requested for issuance of domicile certificate,” the court said. The court noted that the petitioner was born and brought up in West Bengal, had pursued her studies in the state, had earlier been issued a domicile certificate, and continued to have her name on the voter list. It therefore said it could find no justification for the authorities to deny her a domicile certificate.Disposing of the plea, the court directed the Sub-Divisional Officer/Sub-Divisional Magistrate, of the district concerned, to immediately issue the domicile certificate to the petitioner, if she was otherwise eligible, within one week.“The respondent no. 2, i.e., the Sub Divisional Officer (SDO)/Sub-Divisional Magistrate (SDM)…is directed to immediately issue the domicile certificate to the petitioner if the petitioner is otherwise eligible within a period of one week from the date of receipt of this order,” the order read.Woman’s name deletion stalls son’s passportIn another case, the Calcutta High Court asked the special intensive revision (SIR) appellate tribunal to decide within two weeks an appeal filed by a woman whose name was allegedly deleted from the voter list, after she told the court that the issue was preventing her son from obtaining a passport to pursue an MBBS course in Bangladesh.Story continues below this adJustice Rao, while disposing of the writ petition on August 20, requested the Special Intensive Revision appellate tribunal to dispose of her appeal “as early as possible”, preferably within two weeks of receiving the order.“Considered the submission made by the learned counsel for the petitioner. Perused the materials on record, the appellate Tribunal is requested to dispose of the appeal filed by the petitioner as early as possible preferably within a period of two weeks from the date of receipt of this order,” the order read.Ashish Shaji is a Senior Sub-Editor at The Indian Express (Digital), where he specialises in legal journalism. Combining a formal education in law with years of editorial experience, Ashish covers court developments and key cases for the audience. Expertise Ashish is a law graduate (BA LLB) from IME Law College, CCSU. His work at The Indian Express focuses on translating the often-dense proceedings of courts into clear, legal content. He also runs liveblogs from the Supreme Court and various High Courts. Industry Experience: With over 5 years in the field, Ashish has contributed to several niche legal and professional platforms, honing his ability to communicate complex information. His previous experience includes: Lawsikho: Gaining insights into legal education and practical law. Verdictum: Focusing on high-quality legal news and court updates. Enterslice: Working at the intersection of legal, financial, and advisory services. ... Read More Tags:Calcutta High Court