TANIA MUKHERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appellants have been subjected to several grounds of litigations before this Court asserting for their eligibility to in-service quota having served in the specialised units together with the COVID related duties.

(2.) The dispute pertains to an admission in post-graduate degree in the medical course relating to the year 2021. The genesis of the slew of litigations initiated before this court can be traced after the notification dtd. 18/4/2013 was issued by the Government of West Bengal, Department of Health and Family Welfare keeping the reservation of 40% post doctor, post-graduate, medical and dental degree seats for in-service medical officers/medical teachers and 50% post-graduate medical diploma seats for in-service, medical officers under the department of Health and Family Welfare. Subsequently, by virtue of notification published in the Official Gazette on June 3, 2015, West Bengal Medical Education Service, The West Bengal Health Services and West Bengal Public Health cum Administrative Service (Placement on Trainee Reserve) Rules, 2015 was promulgated for all categories of medical teachers under the employment of West Bengal Medical Education Service, the Medical Officers of all ranks in the West Bengal Health Service and the Officers of the West Bengal Public Health cum Administrative Service. The eligibility criterion for the placement as trainee reserve has been elaborately incorporated therein mandating a minimum three years qualifying service under the employment of Government of West Bengal in respective cadre as determined on the 31st day of March of the concerned year in the respective three sources of the appointments under the said department. The proviso inserted to Rule 3 (a) (i) postulate the minimum period of qualifying service actually rendered in the rural area either in the primary health centres, block health centres or the rural hospitals. The explanation appended thereto defines the rural area to mean and include all areas in the State other than the municipal corporation, municipalities, notified area authorities, cantonment boards and the industrial township.

(3.) The said memo dtd. 18/4/2013 reserving a 40 per cent quota for in-service medical officers/medical teachers in a post doctorial, post graduate medical and dental degree seats were subject matter of challenge in the several writ petitions before this court and decided in one way or another. Ultimately, the matter reached before the Supreme Court and the notification of like nature issued by the different State Governments were also the subject matter of challenge in different High Courts and ultimately reached to the Supreme Court. A writ petition was also filed under Article 32 of the Constitution of India and was placed before the Constitution Bench along with the aforesaid appeals. All the aforesaid appeals were taken up together by the Supreme Court and by a judgment rendered in were decided.