DAKSH SINGHAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Moushumi Bhattacharya, J 1. The issue in the two writ petitions is whether a nomination can be made by a non-State body for admission to post-graduate medical courses to the Institute of Post-Graduate Medical Education and Research (IPGEM&R) which is a Government hospital and medical college in the State of West Bengal. The petitioners say that the nominations were made dehors The Medical Council of India Postgraduate Medical Education Regulations, 2000 as amended on 5/4/2018.

(2.) The petitioners and the private respondents successfully participated in the NEET-PG, 2021 and underwent the internal examination conducted by the respondent no. 4 (Rai Bahadur Seth Sukhlal Karnani Chandanmull Karnani Trust) for being nominated to a post-graduate medical seat in IPGME&R which is a reputed institution founded by the respondent no. 4 Trust. Private respondent Nos. 5 and 6 in WPA 18122 of 2021 and the private respondent nos. 8 and 9 in WPA 80 of 2022 were selected by the respondent no. 4 for nomination to the post-graduate medical seats in IPGME&R. The petitioners contend that the private respondents scored lower marks compared to the petitioners in NEET-"PG, 2021 and the nominations were hence contrary to the MCI Regulations, 2000.

(3.) The Trust contends that the writ petitions are not maintainable since the respondent no. 4 is a private Trust. The second argument on maintainability is that the petitioners cannot challenge the nomination after having participated in the process.