SAMAR KUMAR BARAI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS batch of writ petitions are being taken up for hearing together as similar questions of law as well as factual issues are involved in all these proceedings. The petitioners are all medical officers under the service of the Government of West Bengal (the State Government). They were permitted to appear in the entrance examination for the post graduate medical degree and diploma courses as Government sponsored candidates from in-service category for the 2012 session. All the petitioners are guided by the West Bengal Medical Education Service, the West Bengal Health Service and the West Bengal Public Health-cum-Administrative Service (placement on Trainee reserves) Rules, 2008 (the 2008 Rules) for the purpose of participating in the said courses. For admission in post-graduate medical degree and diploma courses, I have been apprised by the learned Counsel appearing for the petitioners that 50 per cent of the total seats are offered to candidates who participate in All India Entrance Examination, and 50 per cent of the candidates are admitted at the State level, through the West Bengal Post-Graduate Medical Admission Test (WBPGMAT). In respect of these 50 per cent seats which are filed up through the WBPGMAT, for degree course 40 per cent of the seats are reserved for in-service candidates, whereas 50 per cent are reserved for the same category of candidates in respect of diploma courses. In these writ petitions admission of candidates from this category which is the subject-matter of dispute,

(2.) THE Medical Council of India, (the "Council" in short) who are respondents in these proceedings have framed the Regulation for admission to the post-graduate courses being the Post-Graduate Medical Education Regulation 2000 (the 2000 Regulation), in exercise of power conferred by Section 33 of the Indian Medical Council Act, 1956.

(3.) THE Council further amended the 2000 Regulation as per Postgraduate Medical Education (Amendment) Regulations, 2006, introducing Appendix III to the main Regulation specifying a fresh time schedule for post-graduate and super specialty courses. This schedule provides :- <IMG>JUDGEMENT_242_WBLR3_2013.jpg</IMG> <IMG>JUDGEMENT_242_WBLR3_20131.jpg</IMG>