GOUTAM NEMO Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Apart from advancing oral arguments, written notes of arguments have been filed by both sides. This court records its appreciation of the precision and specificity of such notes.

(2.) These matters are heard together in view of the identity of causes of action. The petitioner in each of the three writ petitions is a medical practitioner, holding an MBBS degree and in employment of the Government West Bengal, Department of Health and Family Welfare. They belong to the cadre of West Bengal Health Service.

(3.) The primary challenge in the writ petitions is against a Notification dated February 26, 2020, issued by the Special Secretary to the Government of West Bengal, Health and Family Welfare Department in terms of the proviso to Regulation 9(IV) of the Post Graduate Medical Education Regulations, 2000 (hereinafter referred to as "the 2000 Regulations") issued by the Medical Council of India (MCI) whereby it was notified on behalf of the Governor that from the academic session 2020 onwards, for selection of candidates/admission in Post Graduate Courses, weightage will be given to the in-service Doctors, who are the Officers of the West Bengal Health Service/West Bengal Public Health-cumAdministrative Service/West Bengal Medical Education Service, serving in rural areas or remote and/or difficult areas. The impugned Notification also provided for the scheme of incentives and the meaning of the terms "Rural Areas" and "Remote and/or Difficult Areas". A consequential Memorandum dated March 4, 2020, clarifying that in the light of recent judicial pronouncements there shall be no reservation of seats for in-service Government Doctors for admission into Post Graduate Degree Courses from the academic session 2020; however, for admission into Post Graduate Diploma courses, the existing provisions/dispensation relating to reservation of seats for in-service Government Doctors shall continue to operate in terms of No.HF/O/MERT/433/W-43/13 dated April 18, 2013, is also under challenge.