The denial of admission to a meritorious candidate for no fault of his own would be a denial of justice, and in exceptional cases, the court can grant exceptional relief to the candidate by granting admission even after the cut-off date is over.

JUDGMENT

Bibek Chaudhuri, J. - Affidavit-of-service be kept with the record.

2. The petitioner obtained his post graduate degree in M.S (General Surgery) in the year 2020, subsequently he was qualified for the West Bengal Medical Education Service in the same year and on being selected, he joined as demonstrator/tutor in the department of Urology and Medical Teaching Institution in IPGME&R, Kolkata on and from 15th February, 2021. While working as such, the petitioner also appeared in National Eligibility Cum Entrance Test- Super Speciality (NEET-SS in Short), 2021 for admission to MCH Course preferably in Urology as a first choice and Neuro Sugery as second choice. He passed NEET -SS examination securing merit position 455. As the petitioner has been working under three years bond applicable in the State of West Bengal after passing NEET-PG examination and thereafter MS Surgery, the petitioner did not take part in counseling process for M.Ch course after being qualified in NEET -SS , the reason being that the IPGME&R, Kolkata has only 18 seats in the department of Urology for MCH. The petitioner after going through merit list and the vacancy position came to know that it would not be possible for him to get chance in MCH Urology in the State of West Bengal. The respondent no.2 declared schedule of online Mop-Up Round of Super Speciality Counselling , 2021 and the date of fresh registration/payment was fixed on 17th and 18th May,2022. It was also stipulated that processing of seat allotment would be made on 19th May, 2022, the result will be published on 20th May,2022 and the selected candidates would report at the allotted college during the period between 21st May to 25th May, 2022. The Seat Matrix for DM/M.Ch Mop-Up Round SCC Counseling-2021 was also published on 16th May 2022. Subsequently on 23th May, 2022 the petitioner came to know that two selected candidates namely Siddharta Saxena and Perwez Alam had left Super Speciality Course in the Discipline of Urology at IPGME&R, Kolkata on 13th May,2022 and 16th May,2022.However, in the Seat Matrix of Mop-Up Round, the Medical Council Committee, respondent no.2 herein did to mention the said vacancy position. So the petitioner could not register his name for the counseling in the Mop-Up round of Super Speciality admission - 2021.It is contended by the petitioner that had the said two seats which were left out by the above named two doctors, were being published in the Seat Matrix of Mop-Up round, the petitioner could have got the chance to participate in Mop-Up round counseling and in such cases the petitioner would have been selected.

3. For the reasons stated above the petitioner has prayed for issuing a writ in the nature of mandamus commanding the respondent nos. 2,3,4,7 and 8 to forthwith include and publish the said two vacancies and register the petitioner for special Mop-Up counseling against the said two vacancies in NEET Super Specialty course/discipline of Urology 2021-IPGME&R and SSKM Hospital, Kolkata and also to admit the petitioner against any of the said two vacancies in NEET Super Specialty Course /Discipline of Urology, 2021 in IPGME&R and SSKM Hospital Kolkata along with other reliefs.

4. Mr. Subir Sanyal learned counsel on behalf of the petitioners submits that the petitioner passed MS Surgery in the year 2020 as per West Bengal Medical Council Rules, the petitioner has to remain on bond for three years during the said period of three years he cannot join any Super Speciality course in other State than West Bengal. If he wants to suspend his bond, he requires to deposit a sum of Rs.36 lakhs in favour of the West Bengal University of Health Science or WBMC. Therefore, the petitioner as a domicile candidate had to join in the state to pursue Super Specialty Course. It is not possible for a post-graduate doctor initially working on contractual basis and subsequently as demonstrator for few months to pay the forfeiture amount of Rs.36 lakhs in favour of WBUHS or WB