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2011 Supreme(Cal) 1434
High Court Of Calcutta
Aniruddha Bose, J.
Rabindra Nath Saren : Appellant
Versus
State Of West Bengal : Respondent
W. P. No. 14091(W) of 2010
Decided On : Nov 24,2011
Tulshidas Ray, Himangshu Ghosh, Tapan Ray, Suchitra Saha, Indranil Roy, Ayan Bhattacharji
The Trainee Reserve Rules do not exclude the period during which a candidate serves the State Government under ad hoc or temporary appointment for computing the three-year qualifying service period.
Headnote:
MEDICAL OFFICER - ADMISSION TO MS COURSE - TRAINEE RESERVE CATEGORY - COMPUTATION OF QUALIFYING SERVICE - EXCLUSION FROM FINAL LIST - ENTITLEMENT TO ADMISSION IN NEXT ACADEMIC SESSION OR COMPENSATION.
Fact of the Case:
The petitioner, a medical officer in the West Bengal Health Services, was initially selected for pursuing the MS course from Nil Ratan Sarkar Medical College from the Trainee Reserve category. However, he was later excluded from the final list on the ground that he had not completed the minimum requirement of three years of qualifying service as per the Trainee Reserve Rules.
Finding of the Court:
The court held that the petitioner's ad hoc service of 12 months ought to have been computed to decide as to whether he had completed requisite three years of service or not. The court further held that the Trainee Reserve Rules cannot be construed in a manner to exclude the petitioner's service in ad hoc capacity for computing the three-year qualifying service period.
Issues: 1. Whether the petitioner's ad hoc service of 12 months should have been computed for determining his qualifying service? 2. Whether the petitioner was entitled to be admitted to the MS course from the Trainee Reserve category?
Ratio Decidendi: 1. The Trainee Reserve Rules do not exclude the period during which a candidate serves the State Government under ad hoc or temporary appointment. 2. The requirement of clause 3(a) of the Trainee Reserve Rules would stand satisfied if the employment of the candidate is in the cadre of the West Bengal Health Service, irrespective of the fact as to whether such appointment is on temporary or ad hoc basis or not.
Final Decision: The court allowed the writ petition and directed the State Government and the concerned medical college to either admit the petitioner in the ensuing course in the same subject in the next academic session from the Trainee Reserve category or compensate him with a sum of Rs. 3 lakhs.
ANIRUDDHA BOSE
1. THE grievance of the writ petitioner in this proceeding is over his exclusion from the final list published by the State Government permitting him to undergo the course of MS in orthopaedics from in-service category that is from among the Medical Officers already in service of the State Government. This category of examinees or students are known as Trainee Reserve candidates. The petitioner was initially selected for pursuing the course from Nil Ratan Sarkar Medical College. At the time when the petitioner applied for admission, he was an employee of the State Government, being a Medical Officer under the West Bengal Health Services. He belongs to a Scheduled Tribe and had obtained his degree of Bachelor of Medicine and Surgery under the University of Calcutta in the year 2003 and completed his internship in the year 2005. He was initially appointed in the cadre of the West Bengal Health Services temporarily on a purely ad-hoc basis for a period of six months. His appointment was notified by a memorandum issued on 25th September 2006 by the appropriate authority of the State Government. Thereafter by another memorandum dated 26th April 2007, his service was extended by a further period of six months. His ad-hoc appointment continued till 17th March 2008 and with effect from 18th March 2008 he was permanently appointed as a Medical Officer under the same service.
2. HIS initial appointment on ad-hoc basis was made subject to the following condition as stipulated in Clause 3 of the notification dated 25th September 2006:-
The appointments of the candidate will also be subject to the following conditions viz:-
(i) their service will be liable to termination without further notice on the expiry of the period of six months referred to in the above para unless they are in the meantime, selected by the P.S.C., West Bengal for recruitment of the West Bengal, Health Service in the regular way or the Adhoc period is extended by the Government.
(ii) They will be liable to transfer to any station within the State of West Bengal in the interest of public service and they will not undertake or continue in post graduate studies without permission of Government. They shall have to give in writing acceptance of these conditions before they are allowed to join the West Bengal Health Service.?
3. To pursue the MS course as an in- service candidate, the petitioner had to be sponsored by the concerned department of the State Government and the petitioner had to fill up a proforma prescribed by the authorities. The petitioner had to give details of his educational qualification and particulars of service rendered by him. It appears that for this purpose the routine procedure had been followed and the Assistant Chief Medical Officer of Health of the concerned district, being Paschim Medinipur where the petitioner was serving had forwarded the same to the Chief Medical Officer of Health of the same district, who also had endorsed the same. The Director of Medical Education/Director of Health Services, Government of West Bengal by a memorandum dated 29th March, 2010 endorsed his consent in permitting the petitioner to appear in the entrance examination as Government Sponsored candidate and recorded that he would be eligible for counseling if selected for the course in question as per ?existing TR Rules 2008?. This was in reference to the West Bengal Medical Education Service, the West Bengal Health Service and the West Bengal Public Health-cum-Administrative Service (Placement on Trainee Reserve) Rules, 2008 which was framed by the State Government in exercise of power under Section 21 of the West Bengal Health Services Act, 1990. The relevant provision in this regard is contained in paragraph 3 of the said Rules, which stipulates;- ?
3. Criteria for placement on trainee reserve.-The following shall be the eligibility criteria for placement on trainee reserve as Government sponsored candidates:
(a) for the Officers of the West
