IMPORTANT POINT
The court established that under the West Bengal Service Rules, an appointing authority cannot arbitrarily refuse a resignation once it has been duly submitted.

JUDGMENT :

Madhuresh Prasad, J.

1. The writ petitioner initially joined the West Bengal Medical Education Services (WBMES) on 13.03.2014 as Demonstrator/ RMP-cum Clinical Tutor at the Midnapore Medical College, Paschim Medinipur in the Department of Radio-diagnosis. While serving in the West Bengal Medical Education Services (WBMES), he has risen up the ranks firstly as an Assistant Professor on 15.12.2014 and thereafter as an Associate Professor on 27.11.2021.

2. On 28.10.2023, he received an offer of appointment to the post of Associate Professor (Radio-diagnosis) in Dr. B. C. Roy Multi Speciality Medical Research Centre at the Indian Institute of Technology, Kharagpur (IIT). The offer required the petitioner to convey his acceptance within 30 days and to join duties within a maximum of 90 days from the date of offer of appointment letter (28.10.2023).

3. The petitioner thus tendered his resignation with the requisite declarations through the proper channel on 04.11.2023 before the Principal Secretary, Department of Health & Family Welfare, Government of West Bengal as also to the Director of Medical Education of the department. The resignation was with effect from 01.12.2023, so as to enable the petitioner to pursue his better prospects at a renowned institution namely IIT. Copies of the resignation have also been submitted to the Professor and Head of the Department of Radio-diagnosis and Principal of the College of Medicine & Sagar Dutta Hospital, Kamarhati.

4. The petitioner aggrieved by the inaction on part of the State Authorities in releasing his services approached the West Bengal Administrative Tribunal, whereas per submissions of the petitioner counsel, he was again faced with inertia.

5. The Tribunal after completion of the pleadings, has recorded an order on 04.01.2024 adjourning the matter for hearing on 01.02.2024. It would be relevant to mention here that in the meantime, an order dated 11.12.2023 was issued by the Director of Medical Education, West Bengal rejecting the petitioner’s request for resignation by assigning a reason that the rejection is “in the greater interest of public service as there is acute shortage of vacancy under WBMES”. He was directed to continue his public duty as an Associate Professor. The petitioner had also assailed the said order before the State Administrative Tribunal.

6. Rather than considering the issue where the West Bengal Service Rules provided discretion in the authority to withhold an application for resignation, in the manner in which it has been done the Tribunal has embarked upon an enquiry into the shortage of medical personnel in the State Services.

7. In the above noted facts and circumstances, the petitioner’s time was running out for availing service with the IIT in terms of offer of appointment dated 28.10.2023. The petitioner, therefore, found that he had no efficacious alternative remedy before the Tribunal and approached this Court by way of the instant writ proceedings.

8. Under interim orders passed earlier in this proceedings, liberty was granted to the respondent IIT to employ the petitioner on temporary basis on the basis of a provisional No Objection Certificate which was to be issued by the Respondent No. 2 in terms of the earlier order of this Court dated 15.01.2024. The IIT has not taken advantage of the liberty granted in terms of the said order as according to them, it is not desirable to employ the petitioner in the prevailing uncertainty considering the fact that the appointment would ultimately be subject to the result of the writ petition.

9. The State is represented by the learned Advocate General who after taking instructions from the authorities has tried to impress upon the Court with reference to certain figures during his submissions that there is an acute shortage of Associate Professors. According to his submissions, there is an acute shortage even at the feeder post level, being the post of Assistant Professor. He, thus, submits that by way of p