Calcutta High Court (Appellete Side)
Smt. Rehena Parvin vs The State Of West Bengal & Ors on 8 May, 2017
Author: Subrata Talukdar
Bench: Subrata Talukdar
1
08.05.2017
S.L-5(KB) W.P. 12253 (W) of 2017
Smt. Rehena Parvin
Versus
The State of West Bengal & Ors.
Mr. Pawan Kumar Gupta
Mr. Arnab Saha
Mr. P. Basu
... For the Petitioner.
Mr. Tapan Kumar Mukherjee
Mr. Nilatpal Chatterjee
... For the State.
Mr. Supratic Roy
... For the Respondent Nos.2 to 5.
Mr. S. Ghosh Mr. N. Berlia ... For the Respondent No.6.
The prayer in this writ petition is for treating the petitioner as an OBC-A candidate for the Post Graduate Medical Seat under the State Quota, screening in respect of which is being conducted by the West Bengal University of Health Science (for short the University) Mr. Pawan Kumar Gupta, Learned Counsel appears for the writ petitioner and submits that in the second round of counselling the petitioner deserves to be 2 treated as an OBC-A and, not as an unreserved candidate.
Mr. Gupta pleads urgency on the ground that the second round of counselling will commence on the 15th of May, 2017.
On behalf of the Respondent/University, Mr. Supratick Roy, Learned Counsel appears and submits a Report of the Controller of Examinations which, inter alia, states as follows:
"Sub: Report in connection with Writ petition no.12253 (W) of 2017, Rehna Parvin versus State of West Bengal.
As per Union Govt. there are 99 communities are considered for OBC for the State but for the State Govt. notified 173 communities who are termed as OBC -A and OBC-B categorites.
When Rehana Parvin and some other similarly placed candidates filled in forms for appearing PG NEET examination conducted by the Ministry, they were considered as Unreserved candidates. Their OBC status has not been considered.
3But it has been considered that all such candidates should get an opportunity to mention their status for OBC category so that they can get the benefit for the State Quota seats (50% of total seats).
A pre-counselling was organized at R.G.Kar Medical College and all candidates were supposed to mention the details of particulars regarding name, address, rank, cell number, email address, caste status, OBC status, etc. Rehana Parvin stated that she filled in form as OBC -A category at pre-counseling session at R.G.Kar Medical College.
It is fact that such mentioning of OBC -A category by the applicant was not figured in the list published by the University immediate after pre-counselling. But the applicant did not point out the deficiency. Considering similar request from all other candidates, the University issued a notice vide memo no.COE/UHS/339/2017 dated 1.4.2017 asking all eligible candidates to point out if any discrepancy in the list published so that data base is made error free.
The applicant did not see the notice. She came to the University on 12.4.2017 when the processing of allotment 4 of seats for Round --1 has already been initiated. It was very difficult to stop the task. She came for remedial action on 12.4.2017 when there was no scope for remedial measure."
Mr. S. Ghosh, Learned Advocate appears for the Respondent No.6.
The State-respondents are represented by Mr. Nilotpal Chatterjee, Learned Advocate led by Mr. Tapan Kumar Mukherjee, Learned Additional Government Pleader.
Having heard the parties and considering the materials placed, this Court find no reason to detain the writ petition any further.
This Court is satisfied that there was no suppression of material facts by the writ petitioner in declaring her OBC Status.
This Court is of the further view that the petitioner deserves the opportunity to be treated correctly in accordance with her Caste Status as notified by the State Government in the future rounds of 5 counselling for the Post Graduate Medical Seats under the State Quota.
Accordingly the Controller of Examinations of the Respondent/University is directed to take steps to permit the petitioner to appear as an OBC-A Candidate in the subsequent rounds of counselling where the petitioner shall be eligible to be considered at par in her particular category in accordance with the rules on merit.
WP No.12253 (W) of 2017 stands accordingly disposed of.
Urgent photostat certified copy of this order, if applied for, be handed over to the parties on compliance of necessary formalities.
(Subrata Talukdar,J.)