Nikhil Chandra Bhakta v. Union Of India And ORS.

29.04.2024 Item No. 3 Ct. No. 238 AKG WPA 988 of 2024 Nikhil Chandra Bhakta Vs.

The Union of India & Ors.

Mr. D. N. Chatterjee, Mr. P. C. Podder ...for the Petitioner Mr. Animesh Mukherjee, Ms. Rama Ghosh Dastidar ...for Union of India Mr. Sirsanya Bandopadhyay, Mr. Arka Kr. Nag, Ms. Deboleena Ghosh ...for W.B.M.C.C.

Ms. Akshita Singh ...for W.B.U.H.S.

The petitioner secured a rank of 164804 in National Eligibility Entrance Test-Post Graduate (NEET-PG), 2023. He belongs to the Scheduled Caste category.

The petitioner contends that he is entitled to get the benefit of "Trainee Reserve" which has been denied to him by the State. The State contends that the petitioner was not entitled to get the benefit of "Trainee Reserve" in view of Clause (3) (a) (iv) of the West Bengal Medical Education Service, the West Bengal Health Service and the West Bengal Public Health-cum-Administrative Service (placement on Trainee Reserve) Rules, 2015 since he is aged above fifty years.

The State further submits that the petitioner did not even participate in the counseling process. The petitioner could not show any provision that as a Scheduled Caste candidate, he is entitled to get the benefit of age relaxation.

I also find substance in the stand of the State that when the petitioner did not even participate in the counseling, the question of securing admission and granting him the status of „Trainee Reserve‟ does not arise. The last date of admission in the PostGraduate Medical Course was November 30, 2023. At this juncture, the Court cannot pass any order for admission of the petitioner.

Accordingly, WPA 988 of 2024 is dismissed.

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

(Kausik Chanda, J.)