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Tania Mukherjee & Ors vs The State Of West Bengal & Ors on 8 February, 2022

Moreover, service by the in-service doctors in rural/remote/difficult areas must be read as part of the overall objective of the State to extend the access, availability and benefits of medical services in areas which are not easily accessible and far removed from the metropolitan cities/developed areas. It is also relevant to mention that a challenge to the definitions given to these expressions was repelled by the Single Bench of this Court in WPA 5460 of 2020 (Dr. Goutam Nemo Vs. State of West Bengal & Ors.) as well as by the Division Bench in MAT 773 of 2020 (Dr. Sourav Chattopadhyay & Ors. vs. State of West Bengal & Ors.) by orders dated 10th November, 2020 and 17th November, 2021 respectively.
Calcutta High Court (Appellete Side) Cites 6 - Cited by 2 - M Bhattacharya - Full Document

Tania Mukherjee & Ors vs The State Of West Bengal & Ors on 8 March, 2022

The above definition indicates that the term "rural areas" was to have a specific geographical indication and signify areas removed from Metropolitan Cities/developed areas and require penetration of medical facilities and services. This definition has to be given a contextual relevance when seen against the Notification of the Government dated 8th October, 2021 and the Corrigendum dated 25th January, 2022. The presumption is that these areas would not be the preferred choice of posting of doctors who would opt for areas in or near cities for the convenience of city-life. The 40% quota was hence given as an incentive to those doctors who sacrifice the facilities of city-life and work in far-flung and remote areas. The incentive given to these doctors can also be rationalized in the context of the overall objective of the State to extend the benefits of medical services to areas which are not easily accessible and ensure that people living in remote areas have access to medical facilities. Significantly, a challenge to the definitions given to these terms was repelled by a Single Bench judgment in WPA 5460 of 2020 (Dr. Goutam Nemo vs State of West Bengal & Ors.) as well as by the Division Bench in MAT 773 of 2020 (Dr. Sourav Chattopadhyay & Ors. vs State of West Bengal & Ors.).
Calcutta High Court (Appellete Side) Cites 6 - Cited by 0 - M Bhattacharya - Full Document
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