Dr. Ashok Chakraborty v. The State Of Tripura And ORS




 

    

 !"

"# $%&
son
of
late
Abani
Mohan
Chakraborty,
resident
of
Ramnagar
Road
No.1,
P.O.
Ramnagar,
P.S.
West
Agartala,
Sub Division
Agartala,
District
-
West
Tripura








......



'$($()'

*' +

!',$"$' (-+ "&
represented
by
the
Secretary
to
the
Health
&
Family
Welfare
Department,
Government
of
Tripura,
having
his
office
at
Secretariat
Complex,
P.O.
Kunjaban,
P.S.
New
Capital
Complex,
Agartala,
District
-
West
Tripura




!' ( '.$ '"/$!,'

0(.'&
Government
of
Tripura,
having
his
office
at
Secretariat
Complex,
P.O.
Kunjaban,
P.S.
New
Capital
Complex,
Agartala,
District
-
West
Tripura


 (-+ "1'2(."///'3'4

5 1'".!()3-($"/&
Represented
by
its
Chairman,
having
his
office
at
Hapania,
P.O.
&
P.S.
A.D.
Nagar,
District
-
West
Tripura


!'!"( 6")&
Tripura
Medical
College
&
Dr.
BRAM
Teaching
Hospital,
having
his
office
at
Hapania,
P.O.
&
P.S.
A.D.
Nagar,
District
-
West
Tripura


!'!('7'.+$(0' (.'

&
Tripura
Medical
College
&
Dr.
BRAM

Teaching
Hospital,
having
his
office
at
Hapania,
P.O.
&
P.S.
A.D.
Nagar,
District
-
West
Tripura



(/ "$")1"8+62'

&
son
of
not
known,
resident
of
Ker
Chowmuhani,
P.O.
Ramnagar,
P.S.
West
Agartala,
Sub Division
Agartala,
District
-
West
Tripura



 '-)2')$

9:

5

  ;51 < ,
,  
For
the
petitioner













:



Mr.
Somik
Deb,
Advocate
For
the
respondents






:



Mr.
T.D.
Majumder,
Advocate


























Mr.
S.
Chakraborty,
Addl.
G.A.




Date
of
hearing
and












:



  delivery
of
judgment

&
order
Whether
it
is
fit
for
reporting




:

='  √
<

14

   Heard
Mr.
Somik
Deb,
learned
counsel
appearing
for
the
petitioner
as
well
as
Mr.
T.D.
Majumder,
learned
counsel
appearing
for
the
Tripura
Medical
College
&
BRAM
Teaching
Hospital,
the
T.M.C
in
short,
and
its
officers,
the
respondents
No.3,4
&
5
and
Mr.
S.
Chakraborty,
learned
Addl.
G.A.
appearing
for
the
respondents
No.1
and
2.
9: The
grievance
of
the
petitioner
as
canvassed
in
this
writ
petition,
is
that
even
though
he
was
eligible
for
consideration
for
recruitment
as
the
Associate
Professor
in
Paediatrics
in
view
of
the
recruitment
criteria,
but
his
application
for
appointment
was
not
even
considered
on
unintelligible
grounds.
Rather
on
purported
consideration,
by
way
of
selection
process,
which
is
under
challenge,
the
respondent
No.6,
namely,
Dr.
Nilratan
Majumder
has
been
selected
but
for
granting
an
interim
order
by
this
Court
the
respondent
No.6
could
not
be
appointed
by
the
T.M.C.























































































































9:

9: For
such
brazen
non consideration,
the
petitioner
has
challenged
the
recruitment
process
set
in
by
the
notification
dated
28.22.2013,
Annexure P/4
to
the
writ
petition,
and
the
order
dated
20.08.2014,
Annexure P/8
to
the
writ
petition.
The
petitioner
has
also
prayed
for
a
writ
of
mandamus
for
directing
the
T.M.C
to
appoint
him
as
the
Associate
Professor
in
Paediatrics
on
promotion
in
tune
with
the
representations,
Annexures P/9
&
P/10
to
the
writ
petition.
The
respondent T.M.C.
had
reviewed
the
entire
process
and
approached
this
Court
for
leave
to
issue
necessary
administrative
order,
recalling
the
impugned
notification.
The
said
prayer
was
granted
by
this
Court
by
the
order
dated
20.02.2015
and
in
view
of
the
leave
so

granted,
by
the
notification
dated
18.03.

2015,
Annexure R/1
to
the
counter
affidavit
filed
by
the
respondents
No.3,4
&
5
though
in
the
cause
title
it
has
been
written
as
the
counter
affidavit
by
the
respondents
No.1,2
&
3,
the
notification
for
recruitment
as
stated
was
withdrawn.




:
Mr.
Majumder,
learned
counsel
appearing
for
the
T.M.C.
and
its
officers
has
stated
that
as
consequence
of
the

withdrawal
of
the
said
notification
dated
18.03.2015,
the
selection
of
the
respondent
No.6
has
also
been
recalled
by
the
notification
dated
23.03.2015,
Annexure R/4
to
the
said
counter
affidavit
filed
by
the
respondents
No.3,4
&
5.
Mr.





















































































































:

recall
of
the
selection
of
the
respondent
No.6,
this
writ
petition
has
become
infructuous
and
nothing
has
been
left
to
be
adjudicated
by
this
Court.



9:
From
the
other
side,
Mr.
Somik
Deb,
learned
counsel
appearing
for
the
petitioner
on
inviting
attention
of
this
Court
to
the
Note
No.63
of
the
relevant
file
as
annexed
with
the
said
counter
affidavit
has
contended
that
withdrawal
of
the
recruitment
notification
has
its
own
nefarious
object
of
depriving
the
petitioner
herein
unlawfully.
He
has
pointed
out
to
a
part
of
Note
No.63.
Part
of
Note
No.63
which
has
been
highlighted
reads
as
under:


) $!( .)$'7$& ($ ( $ #' 6')$()'2 $!"$ $!'

'.

+($6')$ )$((."$() 2"$'2   !" #'')    0".")$ $  .("$'

'  ()

"'2("$ (. '-"

$6')$ "/)3 >($! 6' $!'

."$'3 ('-$ ).

+$()%&($( '0'"/'2$!"$ $!'

' "

' $> ").$()'2 -$  .("$'

'  () "'2("$ (. '-$$ )'   155, + '")2")$!'

& '.')$/%.

'"$'2 $ $  "2+"$' + ' ( $ )' !" "/ '"2% #'') ..+-%()3 #%

 <"%")$" 2'

 ().' 
) ".$ $!' 0".")$ $ ( 6'")$  $  "2+"$' $'".!()3 5+$ () $!' " '"(2 )$((."$() ($ !" )$ #'') 6')$()'2 -'.((."//% $!"$ $!' -$ ( 0".")$   .("$'

'   $  "2+"$' .+ '
)."'-$3 "2+"$'$'".!()3?%'"

$'".!()3'7-'

(').'+$>!(.! %'"

6+$#' " $$

' >(// #'

'@+( '2 $ #' "--()$'2 " .("$'

'  5+$

 !  !"

"# $% 2' )$ !"0' +.! /)3 $'".!()3 '7-'

(').' 96-!"(+--/('2: 9:
Mr.
Deb,
learned
counsel
has
categorically
submitted
that
the
said
note
is
not
only
misconceived
but
stands
contrary
to
what
the
Medical
Council
of
India
(MCI)
has
modified
by
way
of
relaxation
of
the
experience
criteria
for
the
teachers
taking





















































































































9:

MBBS
classes
to
be
eligible
to
teach
the
PG
students
having
MBBS
degree,
which
can
be
gathered
from
the
MCI
Relaxed
Eligibility
Criteria
for
Teachers
in
Medical
Colleges
dated
31.01.2013,
Annexure R/4
to
the
counter
affidavit
filed
the
respondent
No.6.
For
purpose
of
reference,
the
relevant
part
of
the
notification
is
extracted
hereunder:
!'1'2(."/+).(/
)2("1
!" '/"7'2$!' '7-'

(').' .

($'

(" '@+( '2   $'".!'

 $" ()3 155, ./"' $ #' '/(3(#/' $ $'".!  $+2')$ "

/('

& "  $'".!'

 )''2'2 $ !"0' " $$"/  '0')%'"

'7-'

(').'>!(.!(0'%'"

>'

' +--'2$#'"($")$

' !' '/"7'2 ) 6 )> 6")2"$' )/% " + A%'"

 '7-'

(').' "($")$

' >!(.!6'")" '/"7"$() )'%'"

 !'60'($6''$$!'! $"3' $'".!'

& "(2"')( (.("/()$!' )()'"/$!1()($ %  2'.(() () $!( '3"

2 >" $" ') '.')$/% "$ " 6''$()3  $!' 5"

2  0'

)   $!' 1
 >!(.! ( ") "+$)6+ #2% +)2'

 $!' '"/$! 1()($ % $

'3+/"$' $!' 6'2(."/ '2+."$() $")2"

2 () $!' .+)$ % !' (.("/ '7-/"()'2& B!' '7($()3 '3+/"$() - 0(2' $!"$ " 6'2(."/ $'".!'

 .") #'.6' -$3 "2+"$'$'".!'

"$'

'(3!$%'"

$'".!()3 '7-'

(').' +$  >!(.! (0' %'"

 !+/2 #' " ($")$

'  !( '3+/"$() >" 6"2' >!') $'".!()3 '7-'

(').'  (0' %'"

 >"

'@+( '2   - 6$() $ $!' -$  .("$'

'  6 ($")$

' C >'0'

& ".. 2()3 $ $!' '7($()3 '".!'

; /(3(#(/($% D+"/((."$() '3+/"$()& EEF& $!' ($")$

' .") #'.6' .("$'

'  >($! (0' %'"

  $'".!()3 '7-'

(').' "/)3 >($! $> -+#/(."$() $ !(   !'

 .

'2($ B').'& $ '60' $!' ")6"/%& $!' 5"

2  0'

)  !"0' 2'.(2'2 $!"$ ".. 2()3/% )> " 6'2(."/ $'".!'

>(// #' .)(2'

'2 " -$3 "2+"$'   $'".!'

 >($! $$"/  '0') %'"

 $'".!()3 '7-'

(').' +$  >!(.!  %'"

6+$#'"($")$

' C 96-!"(+--/('2: 9?: Mr.
Deb,
learned
counsel
has
also
stated
that
the
said
relaxed
criteria
is
also
applicable
for
the
recruitment
of
the





















































































































9:

Associate
Professor
in
the
Paediatric
department
of
the
TMC
inasmuch
as
the
Medical
Council
of
India
is
the
solitary
statutory
body
which
has
the
power
to
regulate
the
criteria
required
for
the
recruitment
of
teacher
in
various
medical
colleges.
Mr.
Deb,
learned
counsel
has
continued
to
contend
that
the
petitioner
has
obtained
his
PG
degree
in
medicine
(Paediatric)
on
31.07.1999.
It
would
apparent
from
the
certificate
issued
by
the
Manipur
University.
Further,
it
would
transpire
from
the
appointment
details
issued
by
the
TMC
on
01.07.2008
that
the
petitioner
was
appointed
as
the
Assistant
Professor
in
Paediatrics
on
14.07.2008.
Thus,
Mr.

Deb,
learned
counsel
has
contended
that
on
the
date
of
issuance
of
the
impugned
notification,
the
petitioner
had
requisite
5(five)
years
experience
of
teaching
as
the
Assistant
Professor
in
the
relevant
discipline
to
qualify
for
selection
to
the
post
of
Associate
Professor.
He
has
emphatically
underlined
that
the
Note
No.63
of
the
Chief
Executive
Officer
of
the
TMC
is
entirely
in
contrast
to
the
relaxed
eligibility
criteria
issued
by
the
Medical
Council
of
India.
The
petitioner
has
the
required
eligibility
to
be
appointed
as
the
Associate
Professor
in
Paediatrics
and
his
exclusion
was
entirely
illegal.
9F: This
is
not
directly
the
subject
matter
of
this
writ
petition.

But
there
cannot
be
any
amount
of
doubt
that
the
dispute
is
countenanced
in
such
a
fashion
to
embrace
this
issue.





















































































































9?:

and
as
such,
this
Court
is
of
the
view
that
this
writ
petition
can
be
disposed
of,
with
the
following
direction:
At
the
time
of
making
recruitment
against
the
vacant
post
of
Associate
Professor
to
teach
the
PG
students
in
Paediatrics
in
TMC
&
Dr.
BRAM
Teaching
Hospital,
the
relaxed
criteria
of
the
Medical
Council
of
India
(MCI
in
short)
shall
scrupulously
be
followed.
The
rules
which
were
relevant
on
the
day
when
that
post
fell
vacant
shall
be
applied.
All
the
eligible
candidates
shall
be
considered
along
with
the
petitioner,
if
the
petitioner
is
found
eligible
in
terms
of
the
relaxed
criteria
of
the
MCI
on
the
day
when
the
post
fell
vacant.
For
that
purpose,
a
fresh
notification
for
recruitment
shall
be
issued.
Since
the
post
fell
vacant
long
before,
it
is
expected
that
TMC
&
Dr.
BRAM
Teaching
Hospital
shall
fill
up
the
said
post
as
expeditiously
as
possible.

There
shall
be
no
order
as
to
costs.




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