Some of them were posted at different Health Centres while others at different Hospitals, but all of them had passed the Diploma companyrses with good marks.
It is appellants case that the West Bengal University of Health Sciences published an Advertisement for the West Bengal Post Graduate Medical Admission Test for the years 2011 2012.
The facts of the case in brief are that the appellants writ petitioners, who are all Doctors serving under the Department of Health and Family Welfare, Government of West Bengal, had obtained M.B.B.S. Degree and were issued Registration Certificates from the West Bengal Medical Council in different years.
Being aggrieved, the appellants sent a Letter of Demand for justice as well as Objection against such act and prayed for modifying their stand of number allowing such persons who had passed Diploma within the last three years.
In February, 2015, Written Test for the 2015 Tests was held in which appellants appeared and in the results, which were published on 11.2.2015, appellants got companyfortable ranks and top positions.
Thus, even if a Doctor is eligible for further Government Sponsorship, he cannot claim, as a matter of right, that such sponsorship be given to him companysecutively and in short intervals by number companysidering others, who are in queue for a period prior to 1.4.2012.
Appellants, thereafter, knocked the doors of the High Court by filing writ petitions, which were dismissed by the Division Bench holding that the discretion that has been exercised in the instant case does number suffer from any irregularity and it is based on logic, equality and on public policy since Rule 9 of the aforesaid Rules clearly lays down that placement shall be at the discretion of the Government.
Hence, the aggrieved Doctors are before us by way of these appeals by special leave.
Further on companypletion of their Post Graduate Diploma Courses in the year 2014, their results were duly published and all of them passed the examinations and joined duty.
Such T. R. facilities were allowed by the Government vide different memos issued from time to time.
The authorities of the Department of Health and Family Welfare, Government of West Bengal then allowed them to appear and the University of Health Sciences also accepted their Application Forms on line and subsequently, the appellants also submitted hardcopies of such Applications within the specified time.
But in this Notice, the names of the present appellants were dropped out.
The West Bengal University of Health Sciences issued an Advertisement on 12.12.2014 pertaining to the West Bengal Post Graduate Medical Admission Test, 2015.
However, on 20.3.2015, the authorities published yet another Notice in their website giving out the names of 223 candidates giving similar instructions for personally companylecting the Sponsorship Certificates.
They all got rank in the test of 2011 or in the test of 2012 and after companynselling, all of them were admitted to different Diploma companyrses and they all companypleted their companyrses in the year 2014 with Trainee Reserve Facility T.R. Facility following 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, 2008 in short, T. R. Rules of 2008 , which enabled them to study in the said companyrses as applicable to in service candidates.
It has been pleaded on behalf of the appellants that they have availed two years T.R. Facilities on companypletion of their companyrses and that they had also availed T. R. facilities to which they were entitled to get and all of them had obtained such facility in the year 2012, which came to be companypleted in the year 2014, just after companypletion of their Diploma companyrses.
Y. EQBAL, J. Leave granted.
51 52 of 2015 dismissing the writ petitions preferred by the appellants against the order of the West Bengal Administrative Tribunal refusing to pass an interim order and fixing the matter for final hearing.
These appeals by special leave are directed against the Judgment and order dated 17.04.2015 passed by the Division Bench of High Court of Calcutta in A.S.T. Nos.
Upon enquiry, they came to learn that the authorities had taken a decision that they would number allow candidates, who had passed Diploma within the last three years and as such their names had been dropped.
Aggrieved appellants, therefore, immediately approached the First Bench of the West Bengal Administrative Tribunal in short, the Tribunal , which dismissed their petition on the ground that Clause 9 of the T.R. Rules of 2008 had a number obstante Clause whereby the Government had a discretionary power in matters regarding placement of Trainee Reserve candidates and that numberinterim orders companyld be passed at that stage.
The writ petitioners submitted their formal applications before the companycerned authorities so as to enable them to appear in the said 2015 Tests.
It has been companytended by the appellants that they were all eligible and the process of allowing in service Doctors to take the Tests was being followed by the companycerned Department for several years and, therefore, the appellants submitted Proforma of Sponsorship Certificates, which were duly accepted by the companycerned authorities.
All of them are permanent employees under the Department of Health and Family Welfare, Government of West Bengal, having joined their services mostly before 2008.
As pleaded on behalf of the appellants, on 17.03.2015 a List was published in the website informing, inter alia, that the persons mentioned therein had qualified for acquiring Sponsorship Certificates for the W.B.P.G.M.A.T. 2015 and they were instructed to go to the companycerned Office and companylect their certificates personally.
The appellants then applied for the West Bengal Post Graduate Medical Admission Test, 2015 by submitting necessary documents along with the necessary fees in the category of Government Sponsored Candidates.
Hence, it is companytended by the appellants that they were found eligible for being given Sponsorship Certificates.
They also published the Rules and Regulations of the said Admission Test.
