SAMPA DUTTA GUPTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The dispute in this writ petition relates to selection for admission to Post Doctoral Medical Degree Course for the year 2012 under the West Bengal University of Health Sciences (the University). The petitioner and the respondent no. 10 both are with excellent academic background and competed for the Post Doctoral course in Cardiac Anesthesiology as "in service" candidates, implying that they were already in the service of State Government when they applied for admission to the said course. Selection of such in-service candidates is guided by a special regulation, entitled West Bengal Medical Education Service, the West Bengal Health Service and The West Bengal Public Health-cum-Administrative Service (Placement on Trainee Reserve) Rules 2008. I shall refer to this Rule in later part of this judgment as the TR Rules. The selection for admission into this course is undertaken by way of written test and interview, and admission is effected through the process counselling. In the merit list published on the basis of performance of the candidates in the written test-cum-interview for DM Cardiac Anaesthesiology in respect of in-service candidates, the respondent no. 10 was ranked first whereas the writ petitioner was placed in the second position. The list contained the names of three candidates in total.

(2.) In this writ petition, the petitioner has questioned the eligibility of the respondent no. 10 to participate in the selection process itself. In the event the respondent no. 10 is found ineligible for admission, the petitioner would be entitled to get admission in the said course, for which there appears to be one vacancy only for this particular discipline from the trainee reserve or in-service category. The petitioner has completed her MD in Anaesthesiology in the year 2005, and at present is in public employment.

(3.) The admission process and the eligibility criteria for admission to the course has been published by the University itself in a document entitled "Information Booklet, Regulations for Admission to Post Doctoral Medical Degree Courses 2012". The publication indicates that the executive council had approved holding admission test in its meeting held on 13 March 2012. Under Section 17 of the West Bengal University of Health Sciences Act, 2002, the executive council of the University is vested with the power to make regulations to provide for admission and management of the affairs of the University. In the Information Booklet, a schedule of dates had been published and in the schedule it was specified that written admission test was to be held on 3 June 2012, to be followed with declaration of results of the written test and publication of eligibility list for interview. The latter exercise was to be completed on or before 12 June 2012. Date of interview and submission of attested copies and verification of original documents had been stipulated to be completed between 15 and 30 June 2012. Final result was to be declared on or before 30 June 2012. In the published schedule of dates, time for holding counselling and admission as well as last date of joining the allotted college and course had not been specifically mentioned. It has been indicated that these dates would notified in the university website in due course but the date on which the course is to commence has been specified as 1 August 2012. The eligibility criteria has also been mentioned in paragraph 2 of the booklet. The basic qualification for admission to this course is Post Graduate medical degree, referred to as MD/MS/DNB in concerned disciplines from any MCI recognized institution of India. There are certain other eligibility criteria specified in the booklet, but these are not of much significance so far as this proceeding is concerned. The booklet also specifies that in-service candidates working under the Health and Family Welfare Department, Government of West Bengal would be eligible to apply for admission to the seats reserved for Government sponsored candidates. Both the petitioner and the respondent no. 10 had applied for admission to the course from this category.