Santanu Das And ORS. v. State Of West Bengal And ORS.

18-01-2024 ct no. 13 sl. 10 pk WPA 28853 of 2022 Santanu Das and others -VersusThe State of West Bengal and others Mr. Sudipta Dasgupta, Mr. Arka Nandi, Mr. Saikat Sutradhar, Ms. Shalini Ghosh ... for the petitioners Mr. Bhaskar Prasad Vaisya, Mr. Ranjan Saha ... for the State.

1.

State has filed a report in the form of affidavit affirmed by the respondent no. 2. Exception to the report has also been filed by the petitioners. Same are kept with the records.

2.

The petitioners claim to have worked during the Covid period to help, at quarantine centres and hospitals for the recovery of admitted Covid patients. The petitioners have been certified as "Covid Warriors" by the State.

3.

By notification dated 3rd May, 2021 the Central Government, Ministry of Health and Family Welfare MEP Section, in connection with augmentation of human resources for Covid -19, has recommended at Clause 17 thereof that the

Central Government has recommended to the State and Union Territories to consider giving preference in regular government appointments, to those "Health Professionals"

under the said special scheme, who have completed minimum of 100 days of Covid related duty.

4.

The petitioners, therefore, do not come within the meaning of expression "Health Professionals" either under the National Commission for Allied Health Care Profession Act of 2021 or as per the WHO guidelines.

5.

In that view of the matter, no relief can be granted to the petitioners.

6.

Accordingly, the writ petition fails and is hereby dismissed.

7.

There will be no order as to costs.

8.

All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)