APURBA BHATTACHARYA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In this writ application filed as a Public Interest Litigation, the petitioner has challenged the vires of Section 36(2)(a) of the West Bengal Clinical Establishments (Registration, Regulation and Transparency) Act, 2017 (hereinafter referred to as the said Act ) to the extent the said provision permits the State Government to appoint a sitting High Court Judge as the Chairperson of the West Bengal Clinical Establishment Regulatory Commission (hereinafter referred to as the said Commission ). The petitioner has also prayed for a declaration that the Notification dated 17 March, 2017 issued by the Department of Health and Family Welfare, Government of West Bengal, in exercise of power conferred by Section 36 of the said Act, appointing a sitting Judge of this Court as the Chairperson of the said Commission, subject to the concurrence of the Hon ble Chief Justice of the Calcutta High Court.

(2.) Learned Counsel for the petitioner fairly submitted that the challenge to the Notification dated 17 March, 2017 has become infructuous since the Learned Judge, after taking charge as Chairperson of the said Commission, subsequently demitted that office. We record such submission. Accordingly, we are now concerned with only the issue as to whether or not Section 36(2)(a) of the said Act is ultra vires the Constitution of India.

(3.) Sections 36 and 37 of the said Act read as follows: