MONOJIT GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) IN the wirt application, the petitioner, who had passed MBBS examination and had served as a Medical Officer with the Indian Air Force for Armed Forces Medical Corps and had completed active five years Short service Commission Service, has prayed for a direction upon the respondents particularly, upon the respondent Nos. 4, 5 and 6 to admit him in one of the seats available in the Post-Graduate Courses for May, 2008 Session as a priority-IV candidate. Submission has been made that since there are eight seats open for admission in the Command Hospital, Kolkata, the petitioner who has been placed 4th in the Priority IV category is entitled to be appointed since there are either lesser number of students or no students in Priority-I, Priority-II and Priority-Ill categories. Submission is the answering respondents cannot curtail the seats as has been sought to be done in violation of the provisions contained in section 10 (a) of the Medical Council Act, 1956 and as the writ petition was filed on 24th April, 2008. orders may be passed accordingly.

(2.) REFERRING to the Eligibility Criteria, 7 (g) in particular and rules regarding counselling session it is submitted by the learned Advocate appearing on behalf of the respondent Nos. 4, 5 and 6 that it was duly notified that in order to maintain the teacher-pupil ratio, the total number of vacancies available are 16 and not 18 as contended.

(3.) LEARNED Advocate appearing on behalf of the respondent No. 2 submits that vacancies notified arc pursuant to a policy which cannot be interfered with. In this regard, attention has been drawn to the judgements of the apex Court in Shankarsan Dash vs. Union of India, reported in AIR 1991 sc 1612 and Government of Orissa vs. Haraprasad Das and Ors. , reported in air 1998 SC 375.