SWAGATA MUKHOPADHYAY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) By this public interest writ petition the petitioners who are doctors have pointed out that the Registrar of the Council being the 4th respondent has been permitted to continue beyond the age of superannuation which he attained in the year 2019 without prior approval of the Government.

(2.) Mr. Sen, learned senior advocate appearing for the West Bengal Medical Council would submit that already recruitment notice has been issued for recruitment of the Posts of one Registrar and one Assistant Registrar and the process has already commenced and the preliminary examination has been fixed on 7/2/2025.

(3.) After hearing the learned advocates for the parties and for a considerable end of time and carefully perusing the materials placed on record, we find that under the scheme of the Bengal Medical Act, 1914 the control over the Council more particularly the service condition etc. of the employees is with the local Government. Sec. 14 deals with Registrar and Establishment of the Council. Sub-sec. (1) of Sec. 14 states that with the previous sanction of the local Government the Council (a) shall appoint a Registrar.