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IN THE HIGH COURT OF CALCUTTA
SABYASACHI BHATTACHARYYA, J.
Dr. Anupam Mitra – Petitioner
Versus
The State of West Bengal and Others – Respondents
W.P.A. No. 5592 of 2020, I.A. No. CAN 1 of 2020 (Old No. CAN 3346 of 2020)
Decided On : 04-01-2022
National Eligibility cum Entrance Test - Post Graduate 2020 - Postgraduate Medical Education Regulations 2000 - Clause 9(2) (d) - Gorkhaland Territorial Administration Act, 2011 - Section 2(o) - Admission - Expressions “means” and “means and includes” are exhaustive and specific in nature, unlike “includes” in isolation, which may indicate an inclusive definition.
Finding of the Court:
Mere pleading in the writ petition that the petitioner’s location of service was a “remote area” is insufficient to prove such component of his service-mere delay on the part of the petitioner is insufficient to defeat the petitioner’s otherwise just cause, if any, since the petitioner approached this court with the writ petition prior to completion of the admission process for the 2020 Session - Thus, the petitioner has failed to satisfy any of the mandatory yardsticks which are the pre-requisites of entitlement to the benefit conferred by the Notification.
Result: Appeal dismissed.
JUDGMENT :
SABYASACHI BHATTACHARYYA, J.
1. The petitioner did his MBBS from the Burdwan University in the year 2003 and was registered with the West Bengal Medical Council. Thereafter, allegedly, the petitioner has been practising medicine as a General Duty Medical Officer at the Pancagram Rural Hospital under Diamond Harbour-I Block since November 6, 2012 for over seven years. The petitioner terms the area of his work as a “remote area.”
2. The petitioner took the National Eligibility cum Entrance Test - Post Graduate 2020 (in short “the NEET-PG”) and secured a rank of 25296, with a score of 5917 out of 1200 and a state wise combined rank of 1145.
3. Reliance is placed on Clause 9(2) (d) of the Postgraduate Medical Education Regulations 2000 (in short “the Regulations”) the proviso to which, after its amendment on November 17, 2009, reads:
4. Upon giving such weightage, the petitioner argues, his score would stand at 597 plus 30%, which comes to (579+179.1) = 776.1 and his ranking in the state panel would be 215.
5. In terms of a notification dated February 26, 2020, issued by the Special Secretary to the Government of West Bengal under the proviso to Clause 9 (4) of the Regulations, the petitioner gave a representation, first on March 16, 2020 and again, by an email dated March 28, 2020 to the Principal Secretary, requesting for being granted such incentive marks as weightage allowable for an in-service doctor.
6. The second round of counselling (allotment process) stared and the final list for round 2 publication and seat matrix was scheduled on June 23, 2020 and the results for allotment in round 2 were to be published on June 30, 2020. Since the petitioner’s request for being considered as an eligible candidate and to come within the zone of consideration for counselling by virtue of the 30% incentive had not yet been considered, the present writ petition was filed on June 19, 2020.
7. Learned counsel for the petitioner contends that the petitioner has been in service in a State Government hospital as a doctor in a remote area for above seven years and is, thus, eligible to take the admission test for the MD/MS/Post Graduate Diploma Courses upon the improvement of his rank on the 30% incentive being given, in terms of Clause 9(2) (d) of the Regulations.
8. The West Bengal Medical Council (“WBMC” for short), as Respondent No. 7 in the writ petition and the Medical Council of India (“MCI” in short), being Respondent No. 8, who are the state medical council and the parent body in the country respectively, contested the writ petition.
9. All the contesting parties have filed written notes of arguments.
10. As per the contention of Respondent No. 7, the writ petition has become infructuous since the Post Graduate Medical Education in 2020 Session has already started, with successful candidates participating in different post graduate courses and having completed a “good portion” of their study, thus excluding any scope of entry of any student by disturbing the entire curriculum. For the proposition no further relief can be granted in an infructuous writ petition, learned counsel cites 2000 (2) SCC 439.
11. Respondent No. 7 further argues that the petitioner failed to substantiate his case on merits and relies, in this context on Bharat Singh vs. State of Haryana, 2010 (10) SCC 677 : 1988 (4) SCC 534.
12. It is denied that the petitioner has worked at a remote and/or difficult area of the stage, as fixed by the State Government in their discretion as per notification dated February 26, 2020. In such context, Respondent No. 7 cites State of U.P. vs. Dinesh Singh, 2016 (9) SCC 749.
13. The writ petitioner, it is argued, could not substantiate his case t
It is well-settled that the expressions “means” and “means and includes” are exhaustive and specific in nature, unlike “includes” in isolation, which may indicate an inclusive definition.
The judgment emphasizes the importance of meeting the specific criteria outlined in regulations and notifications to claim entitlement to benefits or incentives.
The State cannot issue a notification identifying remote and/or difficult areas for the purpose of granting incentives to in-service candidates for admission to Post Graduate Medical/ Dental Courses ....
State regulations regarding post-graduate medical course admissions supersede national standards, and weightage for rural service is not a statutory right.
Merit must prevail in admission to postgraduate medical courses; state can implement service quotas, but must not dilute merit standards.
The main legal point established in the judgment is that while the Ext.P9 Prospectus violated merit-based admission criteria, the splitting up of in-service quota seats and provision of service weigh....
The court affirmed the necessity of extending admission incentives to all in-service medical professionals, not just specific categories, upholding public interest and compliance with MCI regulations....
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