KRISHNA KANTA MAJHI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The intra-Court appeal has been preferred by the in-service candidates as against the dismissal of their writ petition questioning the entitlement of the private respondents to stake their claim for sponsorship of the second Post-Graduate Course. The National Eligibility Entrance Test (Post-Graduate) for 2013 Session was held in the month of November and December, 2012. The result of the NEET-PG was declared on 15.5.2013. Revised result was published on 4.6.2013. The petitioners filed writ petition praying for the reliefs that the respondent Nos. 10 to 28 were not eligible to appear in the said examination as sponsored candidates for Post Graduate Medical Course in view of the Rule 6 of the West Bengal Medical Education Service, the West Bengal Health Service and the West Bengal Public Health-cum-Administrative Service (Placement and Trainee Reserve) Rules, 2008, hereinafter referred to as the 'Rules of 2008', framed in exercise of the power conferred by section 21 of the West Bengal State Health Service Act, 1990.

(2.) The examination of diploma course which the respondent Nos. 10 to 28 were pursuing, was held on 23rd April, 2013 and result had been declared on 14.6.2013. They obtained the sponsorship certificate on 14.06.2013 onwards. However, counseling was started from 27.06.2012. It was submitted by the petitioners that the respondent authorities had acted arbitrarily and in contravention of the decision of this Court while violating the mandate of Rule 6 of the Rules of 2008. The incumbents doing PG Diploma Course could not be treated to have been completed the course by 30.04.2013 as their results had been declared on 14.06.2013. On the date of examination of NEET, the PG Course had not been completed by the respondent Nos. 10 to 28. As such, they were not eligible. By participation of the ineligible candidates, rights of the petitioners have been adversely affected. Ineligible candidates had been included in violation of the Rules of 2008. Hence the writ petition had been preferred.

(3.) The Single Bench by the impugned judgment and order dated 25.07.2013 has dismissed the writ petition. Aggrieved thereby intra Court appeal has been preferred.