Calcutta High Court (Appellete Side)
Dr. Asit Baran Mandal vs The State Of West Bengal & Others on 11 May, 2016
Author: Nishita Mhatre
Bench: Nishita Mhatre
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W.P.S.T. No.66 of 2016
Dr. Asit Baran Mandal
Vs.
The State of West Bengal & Others
Mr. Chittopriyo Ghosh
......For the Petitioner
Mr. Tapan Kumar Mukherjee,
Mr. Shamim ul Bari
......For the State-Respondents.
Mr. Siddhartha Banerjee Mr. Abhisek Baran Das .... For the University-Respondent No.3 The petitioner is aggrieved by the decision of the West Bengal Administrative Tribunal passed on 15th March, 2016 in CCP 1 of 2016 with O.A. 1006 of 2015 by which the Tribunal dismissed his original application.
The petitioner who is qualified with a degree of Master of Surgery since 19th May, 2014 is working as an RMO-cum-Clinic Tutor in the Department of Plastic Surgery in the Calcutta Medical College and Hospital. A notice was published on 26th February, 2015 by the respondent No.2 declaring that the West Bengal Post-Doctoral Admission Test, 2015 would be held on 17th May, 2015. The information booklet containing regulation for admission to the Post- Doctoral Medical Degree Course was published on 10th April, 2015. The first round of examinations was held on 17th May, 2015. The petitioner was permitted to participate in the written test and interview which was held on 12th September, 2015 by the authorities as he desired to improve his qualifications by securing a Super-Speciality Degree. The petitioner came second in the examination held on 12th September, 2015. However, he was refused admission for the counselling to be held on 14th September, 2015. He therefore moved the Tribunal by filing O.A. 1007 of 2015 on 16th September, 2015.
The main prayer in the original application was that he should be permitted to participate in the counselling to be held on 19th September, 2015 for the course of Master of Surgical Super-Speciality Degree which was to be conducted by the West Bengal University of Health Sciences. On 14th October, 2015, an interim order was passed by 2 the Tribunal to the effect that the "applicant shall be released and allowed to participate in the M.C.H (Plastic Surgery) Course pending the disposal of the application and decision on his placement under trainee reserve".
The Tribunal thereafter heard the original application. The contempt petition filed by the petitioner as well as several other miscellaneous applications were heard together. The tribunal appreciated the contention of the respondents that the petitioner was an in-service candidate and he could not appear in the Post-Doctoral Entrance Examination, 2015 as an open candidate. Furthermore, a candidate who had already availed of the facility of being a trainee reserve could not avail of this facility within the next three years. The Tribunal found that although the arguments advanced on behalf of the petitioner were attractive, the fact remained that the last date of admission was over on 30th September, 2015, all seats were filled in and the applicant was not entitled to relief in such circumstances.
It has been argued on behalf of the petitioner that the brochure which was issued on 10th April, 2015 indicated that the Trainee Reserve Rules, 2008 would govern the admissions pursuant to the publication of this booklet. Therefore, according to the petitioner, he was entitled to the trainee reserve facility even within the three years period, as that condition was introduced by the 2015 Rules which were not applicable to him. It was further contended that the respondent could not deviate from the information booklet which made the Trainee Reserve Rules, 2008 applicable to the petitioner, and having done so the respondents had committed an illegality.
On the other hand it was argued on behalf of the Health University that even assuming without admitting 2015 Rules were not applicable to the petitioner, a Notification had been issued on 24th March, 2015 in exercise of the powers vested in the Governor under Clause 9 of the Trainee Reserve Rules, 2008. A direction was issued that officers under the West Bengal Health Services or West Bengal Public Health and Administrative Services or West Bengal Medical Education Service, who acquired the Post-Graduate Diploma/Degree on availing the trainee reserve facilities within three years prior to 31st March, 2015, would not be allowed the trainee reserve facility any further during the year 2015. This power was exercised "in the interest of public service to overcome the exigency due to crisis of Specialist Medical Officers in the Government Health Facilities."
This matter was heard on several occasions. Attempts were made to seek alternatives to enable the petitioner to improve his educational qualifications. At one stage it was suggested that the petitioner would not insist on the trainee reserve facilities and that he would resign from service and should be permitted to appear in the examination which is scheduled to be held at the end of May, 2016. The petitioner was directed to file an affidavit to that effect. Accordingly, an affidavit has been filed today. However, there is no categoric statement made in this affidavit that the 3 petitioner is willing to resign and not avail of the trainee reserve facilities. In his affidavit he has stated that he was ready to forego any sponsorship and was willing to relinquish his salary and or other emoluments during the period of his course of Master of Surgical Super-Speciality. He has also stated that he was ready to honour the bond of `10 lacs lying with the Government and to accept any condition that may be imposed on him for pursuing the aforesaid course "even at the cost of his service". However, when the matter was heard, the petitioner did not agree to abide by the statement that he would resign or that he was willing to take up this course "at the cost of his service".
After considering the relevant Rules and the Notification issued on 24th march, 2015 we are of the view that the petitioner is not entitled to the trainee reserve facilities. The averments in his affidavit filed today do not in any way assist the petitioner in his endeavour to improve his qualifications. There was no categoric statement that the petitioner would resign and should be permitted to improve his qualifications. Furthermore, the petitioner appeared for the examination in the year 2015. The seats have been filled in by 30th September, 2015.
In these circumstances, it is not possible to grant any relief to the petitioner. The Tribunal has not committed any error in dismissing the original application.
Accordingly, the writ petition is dismissed. No order as to cost.
Photostat certified copy of this order, if applied for, be supplied to the parties, upon compliance of all requisite formalities as expeditiously as possible.
(Nishita Mhatre, J.) (Rakesh Tiwari, J.)