Debapriyo Halder v. State Of West Bengal And ORS.

25th February, 2022 (D/L No.26) (SKB) W.P.A. 3391 of 2022 (Via Video Conference) Dr. Debapriyo Halder

Versus

The State of West Bengal and others Mr. Pratik Dhar, Mr. Samir Halder ... for the petitioner.

Mr. Samrat Sen, Mr. Nilotpal Chatterjee ... for the State.

The immediate grievance of the petitioner is that the concerned respondent is unable to take a decision as to whether the petitioner served in a rural hospital (Beldanga Rural Hospital) from 2016 to 2019 for eligibility for the in-service quota. A Memorandum dated 4th February, 2022 from the Block Development Officer, Beldanga-I, Murshidabad records that the concerned hospital in Murshidabad is located between rural and urban land marking area and is covered with "rural arrears".

According to learned counsel appearing for the petitioner, the competent authority has also recorded that the petitioner has served in Rural Hospital. According to learned counsel appearing for the State, the Beldanga Rural Hospital falls within the

municipal areas as defined in the explanation to a Notification dated 3rd June, 2015. Counsel submits that the concerned Hospital was previously in the rural area. From the papers it appears that the petitioner had made a representation before the Director of Health Services on 9th February, 2022 which is pending. Since there is an urgency of the petitioner of losing the provisional seat allotted to him, the respondent no.3 being the Director of Health Services, Department of Health & Family Welfare, Government of West Bengal is requested to take a decision within 48 hours from the date of communication of this order. The decision shall be in the form of a reasoned order upon hearing all concerned parties including the petitioner herein and taking into account all the relevant documents for deciding the issue. A copy of the reasoned order shall be made available to the petitioner within 24 hours from the date of passing such reasoned order.

W.P.A.3391 of 2022 is disposed of in terms of the above.

Urgent photostat certified copy of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Moushumi Bhattacharya, J.)