Dr. Krishna Kanta Maji and Others vs State

Aniruddha Bose, J.—The petitioners in this proceeding are five doctors, currently in employment of the Government of West Bengal who are desirous of pursuing post-graduate medical degree course in different branches. For this purpose, they appeared in the National Eligibility-cum-Entrance Test (Post Graduate) for the 2013 session and obtained ranks in the said examination. This examination has come to be known as NEET-PG. Their apprehension is that the respondent Nos. 10 to 28 (the said respondents) as well as the applicants in CAN No. 6661 of 2013, who by virtue of their position in ranking in the merit list would supersede them for admission or selection of course, are disentitled to pursue the degree course for not obtaining sponsorship certificates within time. Contention of the petitioners is that the said respondents and their supporting applicants had appeared in the NEET-PG without obtaining the sponsorship certificate from the State Government, and this factor would disqualify them from obtaining admission in the post-graduate course from the trainee-reserve category, for whom 50% seats are reserved at the post-graduate degree course at the State level. The special features of a trainee-reserve candidate I shall deal with in greater detail in the next paragraph. The applicants in 6597 of 2013 have came before this Court with cause similar to that of the petitioners. The doctors who are in service of the State Government and want to pursue higher education in Medicine, there is special procedure for permitting them to prosecute their studies with full salary and leave. The West Bengal Medical Education Service, the West Bengal Health Service and the West Bengal Public Health-cum-Administrative Service (Placement and Trainee Reserve) Rules, 2008 has been formulated by the State Government in exercise of power conferred by Section 21 of the West Bengal State Health Service Act, 1990. The provisions of Clauses 3(i) and (ii), (5) and (6) of the said Rules are relevant for adjudication of this writ petition which provide:--

Criteria for placement on trainee reserve.--The following shall be the eligibility criteria for placement on trainee reserve as Government sponsored candidates:

(a) for the Officers of the West Bengal Medical Education Service, West Bengal Health Service, and the West Bengal Public Health-cum-Administrative Service,--

(i) a minimum of three years qualifying service under the employment of the Government of West Bengal in the respective cadre as determined on the thirty-first day of March of the concerned year and for the officers who have been appointed in any of the three cadre service from any of the two other cadre services, they must have put in at least three years service in the West Bengal Public Health-cum-Administrative Service, the West Bengal Health Service and in the West Bengal Medical Education Service, taken together:

Provided that the minimum period of service required shall be two years in case of acquiring eligibility for trainee reserve in the dearth disciplines as enumerated in Schedule A of these rules:

Provided further that in case of officers of the West Bengal Health Service, the minimum period of qualifying service required shall have to be rendered in rural areas in Primary Health Centres, Block Primary Health Centres and Rural Hospitals:

Provided also that the compulsory requirement of qualifying rural service may be relaxed or dispensed with in case of such specialist Medical Officers in the disciplines other than Anesthesiology, Pediatrics end Obstetrics and Gynecology, who have been directly recruited through the Public Service Commission, West Bengal and appointed in State General Hospitals, Sub-divisional hospitals and district hospitals and for all other Medical Officers who could not serve in any Primary Health Centre, or Block Primary Health Centre or any rural hospital for the reason of his posting elsewhere by the State Government, who may also be considered for placement on trainee reserve as Government sponsored candidate, based on merit of each case;

(ii) Officers, who had acquired any post-graduate degree, irrespective of the fact whether such degree was acquired with or without Government sponsorship, shall only be allowed to undergo post-doctoral courses and in no case shall be allowed any trainee reserve facilities for undergoing any other post-graduate degree or diploma courses. Officers with post graduate degree may be allowed trainee reserve for certain relevant and recognized or authorized Post Doctoral Diploma courses provided that there are scopes of utilization of the qualification in the service and/or this is necessary for upgradation of the concerned discipline, as would be determined by the Health and Family Welfare Department from time to time, officers in possession of any post-graduate diploma acquired with Government sponsorship shall only be eligible for trainee reserve in post-graduate degree courses of the concerned discipline, allied disciplines and dearth disciplines as specified in Schedule A of these rules:

Provided that in case of the officers of the West Bengal Public Health cum Administrative Service, above the level of Public Health-cum-Administrative Officer: Group B, who had acquired any post-graduate degree, irrespective of the fact whether such degree as acquired with or without Government sponsorship, may be allowed trainee reserve facilities for certain relevant post graduate courses in the disciplines of Public Health Epidemiology, Health Management, Hospital Management and related courses as enumerated in Schedule B of these rules;

(iii) Officers once placed on trainee reserve shall not be allowed any other facilities of trainee reserve, apart from any manner laid in clause (iii) of this rule;

(iv) the officers must not be more than fifty years of age on the thirty-first day of March of the concerned year of placement on trainee reserve. However, no officer shall be eligible for trainee reserve in excess of a total period of eight years during his entire service tenure;

(v) for placement on trainee reserve for undergoing post-graduate degree or post-doctoral courses, other eligibility criteria as may be prescribed by the concerned University or concerned Institution both within the State or outside shall also determine the eligibility for being placed on trainee reserve. Officers joining any postgraduate course on trainee reserve shall not be allowed such facility in any other discipline, if not such change is determined by way of re-counselling conducted by the same University for the same batch of post-graduate course entrants and for the same academic session.

Procedure for application and placement on trainee reserve.--the Officers of the West Bengal Health Service, the West Bengal Medical Education Service and the West Bengal Public Health cum Administrative Service only when eligible under the foregoing rules can directly apply to any University or Institution for appearing in the post-graduate Entrance Examination and after being selected or being invited for counselling before admission, shall apply to the Director of Health Services or to the Director of Medical Education for sponsorship certificates. In cases wherever the concerned University or Institution requires a sponsorship certificate, for appearing in the post-graduate Entrance Examination or otherwise only the eligible candidates can directly apply to the Director of Health Service or Director of Medical Education who shall be the competent authority for such manner. After such process is over, placement orders for trainee reserve will be issued by the Department of Health and Family Welfare and thereafter such officers will proceed on trainee reserve and execute bonds as specified in rule 4 of these rules.

Eligibility for further Government sponsorship.--Any officer, after completion of one course by availing ''Trainee Reserve'' facility, may be eligible for further Government sponsorship as "Trainee Reserve" for the Post-doctoral/Post-graduate Degree/Post-doctoral diploma course after the result of the course has been officially published, but the bond period and bond money of the said two courses will be carried forward and computed summative after the incumbent had completed the second course.

So far as the parties to this proceeding are concerned, all of them have completed their post graduate diploma courses and sat for the NEET-PG held for the first time for the session commencing in the year 2013. The entry examination was held between 23rd November, 2012 and 6th December, 2012. One set of results came out on 15th May, 2013 but there was also declaration of a second set of results, which was termed as revised results on 4th June, 2013. There is some dispute as regards the exact dates on which the respondent Nos. 10 to 28 and the applicants in CAN 6661 of 2013 had obtained their sponsorship certificates in terms of Clause 6 of the 2008 Rules as these certificates appear to have been signed on 14th June, 2013 though the copies of the certificates show 13th June, 2013 as their dates of issue. But such variation in dates are not of any grave significance so far as the controversy involved in this proceeding is concerned. Case of the petitioners is that the respondents, at the time of sitting in the examination did not have the sponsorship certificate and on that basis they should be held to be disqualified from obtaining entry in the post graduate medical course. Their results in the diploma courses they were pursuing were published on 14th June, 2013 on most occasions, but in respect of one subject the date of publication of result is 17th June, 2013. Registration for counselling was held between 24th and 26th June, 2013 and the counseling started on 27th June, 2013. The admission process was completed between 1st and 8th July, this year, i.e. 2013.

Mr. Kar, learned Counsel appearing for the petitioners took me through the provisions of the said Rules and argued that the sponsorship certificates which were issued to them could not confer on the private respondents and other similarly situated applicants eligibility for undertaking the course this year as they could not have sat for the examination before obtaining these sponsorship certificates.

On this question, he has relied on an unreported judgment of a Division Bench of this Court delivered on 18th May, 2012 in A.S.T. No. 124 of 2012, A.S.T. No. 125 of 2012, A.S.T. No. 113 of 2012 and A.S.T.A. No. 72 of 2012. In this judgment, it has been held that:--

Under Rule 6 there is no ambiguity in the language that further Government''s sponsorship as Trainee Reserve would be available after declaration of the result of first course wherein a candidate availed Government''s sponsorship as Trainee Reserve which in the instant case Post Graduate Diploma Courses. Having regard to the clear provision of the statute which is not under challenge in the writ application and without taking note of that provision learned Trial Judge passed an order relying upon Rule 5 of the said Rule which has no applicability in the present case. Rule 5 will be effective in the field when for the first time in-service doctors would avail Government''s sponsorship. In terms of the Rule 5, writ petitioners are undergoing Post Graduate Diploma Courses whose final examination as yet has not been completed and no result has been published. In view of such factual position and interpretation of the Rule 6 as discussed above, which has a public purpose to utilize the public money as is being spent to allow the candidates to undergo a course from public funds by payment of their salary and other benefits present issue to be decided. Since in the respective Courses Degree or Diploma in Post Graduate level, in-service Government doctors who are sponsored candidates are only eligible to sit in admission test for the seats reserve as State quota. University ought not to have allowed the writ petitioners to sit for the Entrance Examination by rejecting their applications summarily.

Under challenge in that proceeding was a circular issued on 27th April, 2012, which provided that Government sponsorship certificates for the relevant category candidates for appearing in the counselling for admission in post-graduate courses in the academic year 2012 were to be issued only after such candidates passed the postgraduate course they were prosecuting at that point of time. The Hon''ble Single Judge stayed the operation of the circular by passing an interim order.

Case of the writ petitioners in that proceeding, as recorded in the judgment, was based on Clause 5 of the 2008 Rules, to the effect that requirement of sponsorship certificate before admission was being converted into requirement of having sponsorship certificate before counselling.

Mr. Haider, learned Counsel appearing for the respondent Nos. 11 to 28 and Mr. Saptangshu Basu, who appeared for the applicants in C.A.N. No. 6661 of 2013, on the other hand, sought to distinguish the said judgment from the facts of the present case contending that the aforesaid judgment was delivered in relation to the State Joint Entrance Examination of 2012. There was a specific stipulation as regards grant of ''sponsorship certificate'' in the said examination in Clause 2.4 of the Information Booklet of Regulation for Admission to Post Graduate Degree and Diploma Courses in Modern Medicine, 2012 which provided:

2.4 Candidate who is already pursuing any course in any Institution/University is not eligible for admission till she/he completes the course or they are likely to complete the course within 30 April, 2012. However, candidate, pursuing any other course, is permitted to apply, but her/his candidature will be considered during counseling only on production of certificate regarding course completion on or before 30 April 2012 from the Head of the concerned Institution, or, on production of their resignation letter from the course undertaken, duly countersigned and accepted by the appropriate authority.

It was further submitted on their behalf that the 2013 National Level Entrance Test of 2013 did not have any such prohibition or prescription and there was no bar in their participation in the examination, while awaiting for the result of the earlier diploma course, which is meant to have completed on 1st May, 2013. The respondent Nos. 10 to 28 and the supporting applicants in this proceeding contend that they had complied with the requirement of Rule 6, and thus there was no flaw or defect in granting them sponsorship certificate.

The main dispute in this writ petition is on the question as to whether there was any bar on a candidate seeking second post graduate admission from the ''Trainee Reserve'' category in appearing in the entrance test before the earlier course was completed, and whether at the time of appearance in the entrance, test itself, there was any requirement to obtain the sponsorship certificate.

Clause 6 of the 2008 Rules specifies when a candidate would be eligible for further government sponsorship as a ''Trainee Reserve'' and the said rule contemplates that only after completion of one course, they would be eligible for further government sponsorship, after the result of the first course had been officially published. In the 2008 Rules, there is no provision which stipulates, as an eligibility criteria, for appearing in the examination from the ''Trainee Reserve'' category one would have to produce sponsorship certificate. If that was the case, then those candidates appearing in NEET-PG 2013 for degree course as the second post-graduate course would have been disqualified, if their results were not published when the NEET-PG 2013 was held. But under the NEET (PG), 2013, there was no provision requiring sponsorship at the time of sitting in the examination. The requirement of Rule 6 is that the sponsorship certificate ought to be granted only after completion of the course. In the instant case, there was gap of about a fortnight between the date on which the result of the previous course was published and counseling and consequential admission took place in the subsequent course. All the private respondents and their supporting applicants had got their sponsorship certificate during this window period. In the absence of any specific Rule which would have required an existing ''Trainee Reserve'' candidate at the post graduate level to obtain sponsorship certificate at the time of appearing in the examination, I do not think this Court could introduce such Rule in the process of admission. Provision of Rule 6 is quite clear, in my opinion, and a plain reading of the said provision would suggest that an officer after completion of one post-graduate course from that category may be eligible for government sponsorship as ''Trainee Reserve'' for the subsequent course only after the result of the first course, was officially published. In the instant case, this requirement has been complied with.

There was also argument as regards the dates on which the sponsorship certificates were actually issued or on applicability of a circular dated 19th December, 2012 so far as the ''Trainee Reserve'' candidates are concerned, but I do not think these factors require to be considered or deliberated upon for the purpose of adjudication of this writ petition. I do not find any violation of the provision of Clause 6 of the 2008 Rules in respect of grant of sponsorship certificate to the respondent Nos. 10 to 28 and their supporting applicants on the basis of materials produced before me in the instant case. Mr. Haider had relied on a judgment of this Court delivered on construing clause 5 of the 2005 Rules, but in the facts of this case, in which construction of Clause 6 of the said Rules is in issue, the said authority has no application. As such, I am not referring to the said decision in this judgment.

The writ petition accordingly shall stand dismissed. There shall, however, be no order as to costs.