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1993 Supreme(SC) 607

P.B.SAWANT, S.MOHAN
Sukumar Mukherjee: Syed Abdul Memon: Saibal Gupta: Ram Kishan Dutta Roy: Health Services Association – Appellant
Versus
State Of W. B. – Respondent


Advocates:
A.K.GANGULY, A.K.SEN GUPTA, DIPANKAR GHOSH, G.RAMASVAMY, GAUTAM MITRA, Indra Sawhney, KAPIL SIBAL, N.R.CHAUDHARY, R.F.NARIMAN, SAMARJIT GUPTA, Saria Chandra, SITESH SINHA, SOM NATH MUKHERJI, SOMNATH CHATTERJI, U.N.BANERJI, V.N.DWIVEDI

JUDGMENT

SAWANT, J.:—Leave granted in all the Special Leave Petitions.

This group of appeals is directed against the decision of the High Court dated 31st January, 1992 dismissing the appellants appeals against the verdict of the learned single Judge in a group of writ petitions. Both the learned single Judge and the Division Bench in appeal, by their decisions in question have upheld the validity of the West Bengal State Health Service Act, 1990 (the Act) which was challenged mainly on three grounds, viz.,

(a) that the State Legislature did not have the competence to pass the Act and hence the Act was passed in violation of Article 252 of the Constitution.

(b) the Act imposes an unreasonable restriction on the fundamental right of the writ petitioners to practise guaranteed by Article 19(l)(g) of the Constitution.

(c) the Act was arbitrary and unreasonable and, therefore, violative of Article 14 of the Constitution.

Hence these appeals.

2. In order to appreciate the contentions of the appellants in this Court, it is necessary to trace the history of the West Bengal Health Service and the events which have occurred till date which have a bearing on the said contentions.

Prior to 1958, the











































































































































































































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