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1991 Supreme(Cal) 333

KHWAJA MOHAMMAD YUSUF
Sukumar Mukherjee – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
Mr. Siddhartha Sankar Ray, Dipankar Gupta, Ajit Panja, S. Pal, Goutam Mitra, Ranjan Deb, V.N. Dwivedi and Shyamal Sarkar, Mr. Saktinath Mukherjee, Jayanta Mitra, H.M. Banerjee, L.K. Gupta, A. Bose and S. Bose, Mr. Kashi Kanta Maitra, Nigam Chandra Chakraborty, Sanjib Misra and Miss Shyamali Ganguli, for the petitioner
Mr. Somnath Chatterjee, Dipankar Ghosh, Samarjit Gupta and Sitesh Sinha, for the respondents

Judgment

All the writ petitions are heard analogously and disposed of by this judgment.

2. The writ petitioners belong to the medical profession and some of them are eminent doctors in their respective fields of medical streams. One writ petition has also been filed by the Health Services Association. All the writ petitions challenge the West Bengal State Health Service Act, 1990 and the Rules framed or Notification issued thereunder as ultra vires the Constitution of India, null and void and all the writ petitions revolve round this vital prayer and a decision on the above point will answer the challenge either way. It is not necessary to summarize the writ petitions of each and every petitioners but the arguments of the learned Counsels will sufficiently plAct the challenge thrown by them to the West Bengal State Health Service Act, 1990 (henceforth referred to as the 'Act of 1990' or 'the impugned Act'). A galaxy of learned Counsels appeared for the different petitioners and I proposed to summarize their submissions.

3. The case of the writ petitioners, Dr. Sukumar Mukherjee, Dr. Syed Abdul Momen and Dr. Ramkrishna Dutta Roy was projected by Mr. S.S. Ray, Mr. Dipankar Gupta, Mr. Aj










































































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