SAKET PRAKASH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) These three writ petitions relate to a common dispute and, accordingly, have been heard together. By this common order, this Bench proposes to dispose of all the three writ petitions. The petitioners in W.P. No. 32902(W) of 2014 and W.P. No. 33988(W) of 2014 have obtained MBBS degrees from Government medical colleges of the State affiliated to the West Bengal University of Health Sciences (hereafter the University) whereas the petitioners in W.P. No. 34182(W) of 2014 have obtained similar degrees from various private medical colleges of the State affiliated to the same University. One common feature of all the petitioners is that they hail from States other than West Bengal and this is the immediate cause for their consternation. The State Government has imposed restrictions by prohibiting their admission in the post-graduate medical courses (MD/MS/MDS/PG Diploma) in medical colleges of West Bengal in "Open Category State Quota" (hereafter the State quota). The relevant decisions of the State Government are contained in memoranda dated 1st December, 2014 and 4th December, 2014; the latter having been issued in continuation of the former. The petitioners in W.P. No. 32902(W) of 2014 and W.P. No. 33988(W) of 2014, and the petitioners in W.P. No. 34182(W) of 2014 considering themselves aggrieved by memoranda dated 1st December, 2014 and 4th December, 2014 respectively have prayed for orders to set aside the same and to allow them to take the competitive test scheduled to be held on 1st February, 2015 for ultimate admission in State quota, should they be found deserving of such admission on merit.

(2.) For facility of reference, the contents of the memoranda are quoted below one after the other:

(3.) Mr. Chanda, learned senior advocate appearing for the petitioners contends that the State Government has acted illegally and without jurisdiction in restricting the scope of admission of candidates like the petitioners, who have obtained their MBBS degrees after studying in medical colleges in the State, on the specious ground that they are neither permanent residents nor are domiciled in the State of West Bengal. According to him, the decision of the State Government to provide for special benefits to candidates who are permanent residents or having domicile in the State is in the teeth of the decisions of the Supreme Court reported in--