Dr Salil Chandra Ghosh And ORS v. Dr Swapan Soren Director Of Helath Services Deptt Of Health And Family Welfare And ORS

IN THE HIGH COURT AT CALCUTTA

CRIMINAL APPELLATE JURISDICTION APPELLATE SIDE

Present:

The Hon'ble Justice Jay Sengupta WPA 25969 of 2024 Dr. Salil Chandra Ghosh & others -vsThe State of West Bengal & others.

With CPAN 1836 of 2024 Dr. Salil Chandra Ghosh & others.

-vsDr. Swapan Soren & others.

For the petitioners :

Mr. Saptansu Basu Mr. Keshab Chandra Das .............Advocates For the WBMCC :

Mr. Sirsanya Bandopadhyay Mr. Arka Kr. Nag Ms. Deboleena Ghosh .....Advocates For the State :

Mr. Kishor Dutta, Ld. AG Mr. Biswabrata Basu Mallick Mr. Sayan Ganguly .............Advocates For the NMC :

Mr. Sunit Kr. Roy .....Advocate

Heard lastly on :

31.01.2025 Judgment on :

31.01.2025 Jay Sengupta, J:

Learned senior counsel representing the petitioners submits as follows. The petitioners seek the benefit of Trainee Reserve Facility for pursuing the Course of MD. They were prevented from participating in the counselling for the earlier period because of a notification issued by the Sate pursuant to a Court's order. Unfortunately, in the other matter, where the petitioners were not parties, the parties therein finally settled the matter and some of the candidates were granted necessary benefits. This is a special circumstance in which the State should consider granting similar benefits to the petitioners for this year.

However, in view of the instructions filed on behalf of the State on the earlier occasion, even if the petitioners are not eligible to get 'Trainee Reserve' benefit for MD seats for this year, they would be eligible for such benefit for the course of DNB. Learned senior counsel representing the State relies on the Report and submits that for the earlier session, the petitioners would have been eligible for the benefit. For this year, COVID-19 period benefit is restricted to two years. According to the calculations, the petitioners are not eligible to avail of such benefit for this year for the MD Course although they may be eligible for the DNB Course.

candidates have obtained TR facility by moving this Court. The petitioners did not do so.

Learned counsel for the NMC submits that they have prayed for relaxation of time before the Hon'ble Supreme Court. Earlier, this Court had allowed the petitioner to have verification done by 30.01.2025 without creating any equity in their favour. However, the last date for stray round counselling is 30th January, 2025 as per the modification application of the NMC. That date is also over. Therefore, no order can be passed even in respect of the DNB Course. So far as the prime contention of the petitioner that they were prevented by an earlier stay order and notification for availing of such facility for the last year is concerned, several other candidates approached this Court and obtained necessary benefit as in WPA 14444 of 2024. The present petitioners chose not to do so.

Therefore, I do not find any merit in this application. Accordingly, the same is dismissed, however, without any order as to costs.

Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible. (Jay Sengupta, J.)