Subhajit Ghosh v. State Of West Bengal And ORS.

IN THE HIGH COURT AT CALCUTTA

CIVIL APPELLATE JURISDICTION APPELLATE SIDE

Present:

The Hon'ble Justice Debangsu Basak And The Hon'ble Justice Md. Shabbar Rashidi With IA No.: CAN 1 of 2024 Subhajit Ghosh Vs.

The State of West Bengal & Ors.

For the appellant : Mr. Sarwar Jahan, Advocate Mr. Sayantan Hazra, Advocate For the State : Mr. Sadhan Kumar Haldar, Advocate Mr. Abdus Salam, Advocate Heard & Judgment on : January 8, 2025 DEBANGSU BASAK, J.:-

1. Appeal is directed against the order dated April 30, 2024 passed in W.P.A. 28805 of 2016.

2. By the impugned order, the learned Single Judge dismissed the writ petition of the appellant before us.

3. State is represented.

4. Appeal is taken up for final hearing by consent of the appearing parties.

5. Appellant participated in the selection process for appointment of Homoeopathic Doctor in Milki Gram Panchayat, District - Malda based on an advertisement issued vide memo dated June 9, 2016.

6. Appellant participated in such selection process claiming himself to be qualified as Homoeopathic Doctor, DMBS and BMBS. Appellant claims his qualification on the basis of certificate issued by the Central Council of Biochemic and Complex Homoeo Medicine with Research in India. Authority of such Council to undertake a medical course of the nature as that claimed by the appellant was questioned in appropriate proceedings before the High Court. Such Council was found not to be entitled to undertake such medical course. This appears from the order dated November 14, 2017 passed in C.R. No.8849 (W) of 1994.

7. Candidature of the appellant in the selection process was rejected on the ground that he did not possess requisite qualification.

8. Writ petition directed against the rejection of such candidature was dismissed by the learned Single Judge.

9. In such circumstances, we find no ground to interfere with the impugned order in the present appeal.

10. FMA 1062 of 2024 and IA No.: CAN 1 of 2024 are dismissed without any order as to costs.

(Debangsu Basak, J.) 11.

I agree.

(Md. Shabbar Rashidi, J.) (AD)