SUDIP CHARAN CHAKRABORTY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This application has been filed challenging the judgment and order dated 18.12.2001 passed by the West Bengal Administrative Tribunal in O.A.No. 3879 of 1999.

(2.) By the impugned judgment and order, the Tribunal allowed part of the application by setting aside the appointment of one Dr. Dilip Karmakar on the basis of a finding that the promotion of Karmakar to the post of Professor, was not tenable. At the same time, the Tribunal found that the prayer of the applicant, the petitioner before us, for appointment to the post of Professor is equally not tenable. As such, the Tribunal felt that the said post of Professor is to be filled up strictly in accordance with the Rules and Regulation of M.C.I. and liberty was given to the respondent to fill up the said post strictly in accordance with the provisions of Schedule to the Indian Medical Council of India Act, 1956.

(3.) The said judgment of the Tribunal was not challenged either by Sri Karmakar or by the State. In other words, the State accepted that the post of Professor has to be filled up in accordance with the Rules and Regulations of M.C.I. The facts which have been noted in the judgment of the Tribunal have also been mostly argued before us. But, there have been certain subsequent events to which the attention of this Court has been drawn. The material facts of the case are as follows :