PROMOSHI PODDER Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Petitioner has sought allotment of a seat in her favour in her preferred subject of M.D. Pathology in WBPG 2020.

(2.) Learned Advocate appearing for the petitioner has submitted that, the petitioner was denied the preferred subject in the pathology in WBPG 2020 despite the petitioner having the requisite qualification and the merit rank for the same. He has submitted that, the petitioner passed Bachelor of Medicine and Bachelor of Surgery (M.B.B.S.). After completion of the M.B.B.S. course along with internship training, the petitioner became registered associate of the West Bengal Medical Council with effect from April 25, 2018. The petitioner participated in NEET-PG-2020 for taking admission to the MD/MS/Post Graduate Diploma Courses of 2020 as a Schedule Caste candidate. The petitioner secured 263 marks out of 1200. In the selection process, the cut off pass for general EWS (50th percentile) was 230. Marks obtained by the petitioner was above the cut off percentile. The petitioner obtained All India Rank of 116765. The petitioner was placed in the West Bengal Merit List as Serial No. 1217 on the basis of her All India Rank.

(3.) Learned Advocate appearing for the petitioner has submitted that, the counselling process of West Bengal Post Graduate Course was divided into four compartments namely Round 1, Round 2, Mop Up Round of Counselling and College Level Counselling (on spot admission). The petitioner participated in the Round 1 and Round 2 of the West Bengal Post Graduate Counselling in 2020. She was not allotted any seat in any subject during such two rounds of counselling. The petitioner thereafter participated in the Mop Up counselling in terms of the notification dated July 17, 2020. The respondent No. 2 thereafter published another notification for Mop Up Counselling dated July 25, 2020 in which the petitioner participated. The Mop Up Counselling was held on July 27, 2020. By a notification dated July 28, 2020, the admission for centralized manner Mop Up was extended till 6 p.m. of June 30, 2020 on account of the Covid-19 situation and the lockdown of the State of West Bengal on July 29, 2020. The petitioner having participated in the Mop Up Counselling was admitted to the Post Graduate Diploma Course in Anaesthesiology at R.G. Kar Medical College, Kolkata on July 30, 2020 for the academic session 2020-22. The Principal, R.G. Kar Medical College issued a joining letter in favour of the petitioner on July 31, 2020. Thereafter, the Hon ble Supreme Court extended the cut off date for counselling of NEET PG 2020 till August 31, 2020 due to the Covid-19 situation. The counselling authority floated College Mop Up round seat matrix on July 30, 2020 at about 9 p.m. From such notification, the petitioner became aware that seats in M.D. Pathology were available for college round counselling within different Post Graduate Institution in the State of West Bengal. One seat under the Schedule Caste quota was available at R.G. Kar Medical College at the college level Mop Up. By a memo dated August 27, 2020 the respondent No. 2 issued an urgent circular for extended college Mop Up. Such memo was issued to conduct an extended college level Mop Up to fill up the stray vacancies as the last date for filling up all such vacancies was extended till August 31, 2020 by the Hon ble Supreme Court.