Calcutta High Court (Appellete Side)
Dr. Sourav Chattopadhyay & Ors vs State Of West Bengal & Ors on 18 February, 2021
Author: Arindam Sinha
Bench: Arindam Sinha
18.02.2021 4 ns Ct.04 M.A.T. 773 of 2020 with I.A. CAN 1 of 2020 Dr. Sourav Chattopadhyay & Ors.
Vs. State of West Bengal & Ors.
Mr. Subir Sanyal, Mr. Amiya Kr. Dutta, Mr. Swadesh Priya Ghosh .... for appellants. Mr. Indranil Roy, Mr. Sunit Kumar Roy .... for National Medical Commission. Mr. D. N. Maiti ... for W.B.U.H.S. Mr. Swapan Kumar Dutta, ld. A.G.P., Mr. Sirsanya Bandyapadhyay, Ms. Soumi Guha Thakurata .... for State.
Mr. Sanyal, learned advocate appears on behalf of appellants and submits, contents of affidavit on additional evidence were mailed to his clients this morning. He is, however, ready to proceed. On behalf of State, the affidavit is filed.
Mr. Sanyal draws attention to paragraphs 4 to 7 of the affidavit. We find there are statements that in- service doctors, who had served in Bankura Sammilani Medical College (BSMC) and Midnapore Medical College 2 (MMC) had their incentive marks deducted. We, however, do not have the date of deduction. In this context we notice, as already recorded in our order dated 9th February, 2021, the writ petition was filed on 6 th July, 2020 and communication documents, enclosed in the affidavit, appear to be post that date, though some refer to earlier communications, not disclosed.
There is no notification disclosed regarding the medical college situate in Malda, nor is there any statement regarding deduction of incentive marks from those in- service doctor candidates serving in the hospital there. Mr. Bandyopadhyay, learned advocate Junior Standing Counsel appearing on behalf of State submits, appellants have got admission on being granted incentive marks. Mr. Sanyal retorts, the correct position on adjudication of the challenge will open up choice of subjects for his clients.
State did not take the first Court into confidence on the additional evidence they have now produced. Further additional evidence we require, as aforesaid, to enable us to pass judgment. State will file supplementary affidavit giving the data regarding grant of incentive marks to in-service doctor candidates, all who have got them along with particulars of their college or hospital of service. Copy of this affidavit must reach petitioners by 2nd March, 2021.
3List under same heading on 4th March, 2021.
(Arindam Sinha, J.) (Suvra Ghosh, J.)