ASIS MAITY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The Court : This writ petition is for issuance of a writ of Mandamus against the respondents to recall, rescind and/or to withdraw the orders being dated May 30, 1992 and June 15, 1992, which are respectively appended as Annexures 'D' and 'E' to the writ petition. The writ petitioners applied to the West Bengal Board of Examination for admission to the Medical Colleges in West Bengal scheduled to be held on 24th and 25th April, 1993. They duly appeared in the Said examination but they were not supplied with adequate forms for admission to first year class of MBBS in Medical College on the ground that the Governor of the State was pleased to decide that 22% of the total seats would be reserved for schedule caste students and 6% of the seats would be reserved for Schedule tribes in different teaching institutions where MBBS/BDS course are being prosecuted in different Medical/Dental Colleges of the State. The petitioners put up a challenge with regard to both the Memos dated May 30, 1992 and June 15, 1992 as aforesaid.

(2.) There are other applications for addition of parties, which have been allowed as a result of which certain more candidates came up before this court with their grievances that they have also been affected by the impugned Memos and the policy of the State to till up vacancies of the candidates with regard to MBBS/BDS courses. It is also necessary to point out that this writ petition was directed to be heard afresh on merit as previously an order was passed by D. K. Basu, J. against which an appeal was preferred and the Appeal Court set aside the order and remitted the case back to this Trial Court for disposal of the writ petition is accordance with law.

(3.) Mr. Arun Prokash Chatterjee, the learned Counsel appearing on behalf of the petitioners in the writ petition, at the very outset has drawn the attention of this Court to an Act known as The West Bengal Medical & Dental College (Regulation of Admission) Act, 1973 vide West Bengal Act 36 of 1973. Mr. Chatterjee has also further referred to the West Bengal Medical & Dental Colleges (Regulation of Admission, Repealing) Act, 1977 vide West Bengal Act 27 of 1977, pursuant to which the earlier Act being the West Bengal Act 36 of 1973 as aforesaid was repealed. Thereafter, no such legislation was made by the concerned State Legislature touching on the subject and a vacuum was allowed to prevail. Mr. Chatterjee has further contended that the Repealing Act itself can be taken to be an action on the part of the State Legislature and it should be deemed to be considered as a step taken by the State by way of Legislative activism and as a result of which if vacuum is created, that should be construed as a deliberate policy of the State legislature.