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2022 Supreme(Cal) 10

SABYASACHI BHATTACHARYYA
ANUPAM MITRA – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. Gazi Faruque Hassain, Ms. Priyanka Mondal.
For the Respondents: Mr. Indranil Roy, Mr. Sunit Kumar Roy, Mr. Saibalendu Bhowmick, Mr. Biplab Guha, Mr. Rajsekhar Basu.

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 59l7 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:

    "i. Further provided that in determining the merit and the entrance test for postgraduate admission weightage in the marks may be given as an incentive at the rate of 10% of the marks obtained for each year in service in remote or difficult areas up to the maximum of 30% of the marks obtained."

4. Upon giving such weightage, the petitioner argues,

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