The authority's decision to deny study leave based on previous usage and potential adverse impact on public healthcare services is valid and not discriminatory.

JUDGMENT :

MADHURESH PRASAD, J.

1. The writ petitioner was the applicant before the West Bengal State Administrative Tribunal (hereinafter in short referred to as the “Tribunal”). He is Doctor employed as a Professor and HOD of Radiology, thus a Senior Faculty Member in the College of Medicine and Sagar Dutta Hospital, Kamarhati, Kolkata-700 058.

2. The claim of the petitioner before the Tribunal was for grant of facility under the West Bengal Medical Education Service, the West Bengal Health Service and the West Bengal Public-Health-cum- Administrative Service (Placement of Trainee Reserve Rules, 2015) (hereinafter in short referred to as the “2015 Rules”). He is claiming leave to pursue a Post-Doctoral Certificate Course (hereinafter in short referred to as “PDCC”) in Neuroradiology at the IPGME & R at Kolkata during the session of 2024-25. The application for grant of leave was not being considered favourably to the petitioner by the Director of Medical Education, West Bengal vide Memo No. ME/CC--34-2025/M/2392 dated 04.09.2025 and he, thus, approached the Tribunal for grant of such benefit.

3. The Tribunal as of date is non-functional for want of any quorum. Under such circumstance, having failed to avail consideration of prayer for interim order to join the course, he has approached this Court for appropriate direction in this regard.

4. The Apex Court in the case of L. Chandra Kumar v. Union of India , (1997) 3 SCC 261 laid down the law that the Administrative Tribunal shall continue to be the Court of first instance; such a view has been reiterated in the case of Rajeev Kumar & Anr. Vs Hemraj Singh Chauhan & Ors. (2010) 4 SCC 554 . Viewed thus this Court is normally not expected to take up matters for consideration directly. Judicial review in respect of the Tribunal matters is to be exercised once the Tribunal has decided the issue, to review the decision of the Tribunal.

5. The Apex Court, in judgment in the case of L. Chandra Kumar (supra) however held the right of judicial review is a part of the basic structure of the Constitution of India. In such circumstances the litigant/petitioner cannot be left remediless since the Tribunal is non-functional in the State of West Bengal; and the matter regarding grant of leave to the petitioner to pursue higher qualification needs to be decided expeditiously. Therefore, we proceeded to take up the matter for consideration.

6. The petitioner had earlier approached the Tribunal in O.A. No. 344 of 2025 for grant of the same benefit. In terms of the order passed in OA 344 of 2025 and the order passed in WPST 140 of 2025 arising therefrom, his claim was considered, and the petitioner’s request was rejected by the Director of Medical Education, West Bengal by Order dated 04.09.2025.

7. The petitioner also sought study leave under the West Bengal Service Rules (hereinafter referred to as the “WBSR” in short). The Director rejected the petitioner’s request in larger public interest of patient care and services, keeping in view the scarcity of Senior Faculty in the Radiology Department at the petitioner’s present place of posting. The rejection is dated 04.09.205. This rejection was put to challenge by the petitioner in pending OA No. 505 of 2025.

8. The learned Senior Counsel for the petitioner submitted that the petitioner is not pressing his cl