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2017 Supreme(Cal) 796

I.P.MUKHERJI
Naval Patel – Appellant
Versus
State of West Bengal – Respondent


Advocate Appeared:
For the Appellant :Mr. Pratik Dhar, Mr. L. Chatterjee, Mr. S. Sarkar and Mr. D. Ghorai, Advocates.
For the MCI :Mr. Sougata Bhattacharjee, Advocate.
For the State :Mr. Abhratosh Majumder, Mr. Jishnu Chowdhury, Mr. Prithu Dudhoria and Mr. Avra Majumder, Advocates.
For the UOI :Mr. Apurbo Ghosh, Advocate.
For the WBUHS:Mr. Supratik Roy, Advocate.

JUDGMENT :

I.P. Mukerji, J.

There are 139 petitioners. All of them are qualified doctors. Each of them has the degree of Bachelor of Medicine and Bachelor of Surgery (MBBS) granted by a State University. The respective State Medical Councils have registered them and issued to each of them a certificate of registration.

2. In each of the states except Jammu and Kashmir and Andhra Pradesh the Government Medical Teaching Institutes conducting the MD, MS degree and PG diploma courses had to keep 50% seats for students who qualified in an All India Entrance Examination for these courses. These All India Entrance Examinations are known as the All India Post Graduate Medical Entrance Examination (AIPGMEE) and the All India Post Graduate Dental Entrance Examination (AIPGDEE).

3. The National Board of Examinations (NBE) was established, as an autonomous body by the Government of India in 1975. The Union Ministry of Health and Family Welfare entrusted this Board with the responsibility to conduct the All India post graduate medical entrance examination (AIPGMEE) an entrance examination.

4. The balance 50% seats in these courses can be filled up by the State, conducting its own examination or on t



























































































































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