LexDR. TAPAS KUMAR MAN DAL AND OTHERS & ETC. versus STATE OF WEST BENGALAND OTHERS
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
[2015) 10 S.C.R. 447 DR. TAPAS KUMAR MAN DAL AND OTHERS & ETC. A V. STATE OF WEST BENGALAND OTHERS (Civil Appeal Nos.6689-6690 of 2015) SEPTEMBER 01, 2015 [M.Y. EQBALAND C. NAGAPPAN, JJ.] B West Bengal Medical Education Service, the West Bengal Health Service and the West Bengal Public Health- cum-Administrative Service (Placement on Trainee Reserve) C Rules, 2008 - Selection procedure - Notification to the effect that in-service candidates who had obtained diploma within the last three years (2012-2014) would not be considered for the degree course and only pre-2012 diploma holders would 0 be considered - Challenge to, by the appellants who were selected and called for giving sponsorship - Held: Reasons assigned by the High Court forgiving priority to those doctors who have completed their diploma courses much before the appellants upheld - Government gave opportunity to those E Doctors, who had got one specialization more than three years back and they are senior to the appellants - Further. it is evident from the Rule that the placement of the Doctors would be at the discretion of the Government - Merely because the appellants got selected does not give them right F as in-house Doctors to get priority above their seniors. Dismissing the appeals, the Court HELD: The perusal of the order passed by the High Court would show the reasons assigned for giving G priority to those doctors who have completed their diploma courses much before the appellants. Admittedly, the Government has given opportunity to those Doctors, 447 H 448 SUPREME COURT REPORTS [2015] 10 S.C.R. A who had got one specialization more than three years back and they are senior to the appellants. The High Court also took note of the fact that there is a huge deficiency of Doctors in the State and the Government is contemplating of opening of new super-specialty B hospitals by the year 2015-15. From perusal of the relevant rule, it is evident that the placement of the Doctors would be at the discretion of the Government. Merely because . the appellants were allowed in the examination and found place in the select list does not C give them right as in-house. Doctors to get priority above their seniors. In the peculiar facts and circumstances of the case, there is no reason to interfere with the impugned order. However, it is recorded that the assurance given 0 by the counsel for the respondents that the appellants would be given sponsorship for the next year 2016-17. [Para 13-15] [453-G-H; 454-A-C] E F G CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 6689-6690 of 2015. From the Judgment and Order dated 17.04.2015 of the High Court of Calcutta in A.S. T. Nos. 51 & 52 of 2015. H uzefa Ahmadi, Rauf Rahim for the Appellants. Kalyan Kr. Bandopadhyay, Shagun Matta,Anip Sachthey, Madhumita Bhattacharjee, Brajesh Pandey for the respondents. The Judgment of the Court was delivered by M. Y. EQBAL, J. 1. Leave granted. 2. These appeals by special leave are directed against the Judgment and order dated 17.04.2015 passed by the H Division Bench of High Court of Calcutta inA.S.T. Nos. 51 & DR. TAPAS KUMAR MANDAL & ORS. ETC. v. STATE OF 449 WEST BENGAL [M. Y. EQBAL, J.] 52 of 2015 dismissing the writ petitions preferred by the A appellants against the order of the West Bengal Administrative Tribunal refusing to pass an interim order and fixing the matter for final hearing. • 3. The tacts of the case in brief are that the appellants- B writ petitioners, who are all Doctors serving under the Department of Health and Family Welfare, Government of West Bengal, had obtained M.B.B.S. Degree and were issued Registration Certificates from· the West Bengal Medical Council in different years. All of them are permanent employees C under the Department of Health and Family Welfare, Government of West Bengal, having joined their services mostly before 2008. It is appellants' case that the West Bengal University of Health Sciences published an Advertisement for the West Bengal Post Graduate Medical Admission Test for D the years 2011-2012. They all got rank in the test of 2011 or in .the test of 2012 and after counselling, all of them were admitted to different Diploma courses and they all completed their courses in the year 2014 with Trainee Reserve Facility (T.R. Facility) following the West Bengal Medical Education Service, E the West Bengal Health Service and the West Bengal Public H
Excerpt shown. Read the full judgment & AI analysis in Lexace.