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2012 Supreme(Cal) 1037

ANIRUDDHA BOSE
SAMPA DUTTA GUPTA – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Arabinda Chatterjee and Rajarshi Halder
For the Respondents: Mr. Kishore Datta, Ms. Sumita Shaw, Mr. Debaki Nandan Maiti Mr. Siddhartha Banerjee and Abhisek Baran Das
For State Respondents: Mr. Subrata Talukdar and Abdul Momen

JUDGMENT

ANIRUDDHA BOSE, J.

1. The dispute in this writ petition relates to selection for admission to Post Doctoral Medical Degree Course for the year 2012 under the West Bengal University of Health Sciences (the University). The petitioner and the respondent no. 10 both are with excellent academic background and competed for the Post Doctoral course in Cardiac Anesthesiology as “in service” candidates, implying that they were already in the service of State Government when they applied for admission to the said course. Selection of such in-service candidates is guided by a special regulation, entitled 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. I shall refer to this Rule in later part of this judgment as the TR Rules. The selection for admission into this course is undertaken by way of written test and interview, and admission is effected through the process counselling. In the merit list published on the basis of performance of the candidates in the written test-cum-interview for DM Cardiac Anesthesiology in respect of in-service candidates, the respond



































































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