KRISHNA KANT MAJI Vs. STATE

JUDGEMENT

(1.) THE petitioners in this proceeding are five doctors, currently in employment of the Government of West Bengal who are desirous of pursuing post - graduate medical degree course in different branches. For this purpose, they appeared in the National Eligibility -cum -Entrance Test (Post Graduate) for the 2013 session and obtained ranks in the said examination. This examination has come to be known as NEET -PG. Their apprehension is that the respondent nos. 10 to 28 (the said respondents) as well as the applicants in CAN No. 6661 of 2013, who by virtue of their position in ranking in the merit list would supersede them for admission or selection of course, are disentitled to pursue the degree course for not obtaining sponsorship certificates within time. Contention of the petitioners is that the said respondents and their supporting applicants had appeared in the NEET -PG without obtaining the sponsorship certificate from the State Government, and

(2.) THIS factor would disqualify them from obtaining admission in the post -graduate course from the trainee - reserve category, for whom 50% seats are reserved at the post -graduate degree course at the State level. The special features of a trainee -reserve candidate I shall deal with in greater detail in the next paragraph. The applicants in 6597 of 2013 have came before this Court with cause similar to that of the petitioners. The doctors who are in service of the State Government and want to pursue higher education in Medicine, there is special procedure for permitting them to prosecute their studies with full salary and leave. 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 has been formulated by the State Government in exercise of power conferred by Section 21 of the West Bengal State Health Service Act, 1990. The provisions of Clauses 3 (i) and (ii), (5) and (6) of the said Rules are relevant for adjudication of this writ petition which provide: -

(3.) MR . Kar, learned Counsel appearing for the petitioners took me through the provisions of the said Rules and argued that the sponsorship certificates which were issued to them could not confer on the private respondents and other similarly situated applicants eligibility for undertaking the course this year as they could not have sat for the examination before obtaining these sponsorship certificates.