Decided on May 15,1992



K.M.Yusuf, J. - (1.)-The writ petitioners, 55 in number, have underwent the Diploma course of Community Medical Service in Medical Institutions duly recognized by the State Medical Faculty of West Bengal, namely, the Institute of Community Medical Services at Purulia, Midnapore, Behrampore, Darjeeling, Jalpaiguri and Balurghat. Their case is that they underwent a period of certified period extending over two years and nine months of academic study from the date of the commencement of their study of the subjects comprising the medical carriculum to the date of completion of the examination followed by three months' compulsory internship at a recognized Health Centre. The first nine months were occupied in the study of the Phase-I group of subjects and the rest was occupied in the study of Phase-II group of subjects. A Notification dated 10th October, 1980 issued by the Department of Health, Government of West Bengal, published in the Calcutta Gazette Extraordinary of 15th October, 1980 contained Article 6F under Part-III of the Statute of the State Medical Faculty, West Bengal, providing that the students who would undergo and complete the requisite course of studies in medicine/medical science as defined and detailed in the annexed regulations for the Diploma course in Community Medical Service in the Medical Institutions duly recognized by the State Medical Faculty shall be admitted into the examinations in the subjects laid down in the said Regulations and students passing the examinations shall be granted diploma with abbreviation "Dip. CMS" by the governing body of the State Medical Faculty. It is also provided that the governing body should maintain a register of such diploma holders with a view to regulating, supervising and restricting their practice for the present. The petitioners state that initially in the regulation the form of diploma was given in Appendix VII with the recitation "and we accordingly grant him this Diploma in Medicine for Community Physicians of this Faculty." But the amendment by Notification dated 10th October, 1980 changed it as Diploma Course in Community Medical Service (Dip. CMS). The petitioners were awarded the Diploma in Community Medical Service but in spite of that the petitioners were not permitted to treat diseases among rural population in terms of clause 1(iv) of the Regulations for the Diploma Course in Community Medical Service. The petitioners moved a writ application before the Hon'ble Mr. Justice Suhas Chandra Sen being C.O. No. 7052 (W) of 1989 and on 11th July, 1989 His Lordship passed an order when Mr. Ukil stated before the Court that the petitioners would be granted diplomas in Appendix VII as amended by Notification dated 10th October, 1980 as Diploma in Community Medical Service and assured the Court that the successful candidate would be provided with jobs in accordance with the State Policy of the Government. On the basis of the submission made by the learned Government Pleader the application was disposed of. The petitioners preferred an appeal being F.M.A.T. No. 2111 of 1989. The Division Bench consisting of Chief Justice P. D. Desai and Shyamal Kumar Sen, J. disposed of the appeal. In the said appeal the Secretary of the State Medical Faculty filed an Affidavit making the following statement in paragraph 4 thereof :
"I state that such corrigendum and/or change in the nomenclature will not change the rights and privileges enjoyed by the Diploma Holders under the scheme introduced for the appellants/petitioners by the State Medical Faculty of West Bengal."

(2.)Their Lordships held that paragraph 4 held out an assurance that the persons holding the Diploma and employed to man the Health Centres and Subsidiary Health Centres would be competent to treat any diseases among rural population including communicable diseases, malnutritional states, snake bites, insecticidal poisoning, etc. as provided in sub-clause (iv) of the Schedule to the Regulations. It was also stated by Their Lordships that the learned Government Pleader stated that thus precisely was intended to be conveyed by the aforesaid averment. Their Lordships then held that :
"In our opinion, in the light of clarifications made by and on behalf of the State Medical Faculty and the State-respondents in the course of this affidavit tendered in the Court today, there should be no reason for the appellants to entertain any kind of apprehension with regard to their being able to perform functions and duties which they are entitled to do under the Regulations as amended vide notification dated October 10, 1980."

(3.)One of the grievances of the appellants was that there was no Register of the Diploma Holders maintained as required by Statute 6F. The learned Government Pleader's stand was no such register was being maintained. The learned Government Pleader submitted before the Division Bench that the Register will be prepared and maintained in accordance with and in terms of Statute 6F and that necessary formalities would be completed before 31st March, 1990, but at the same time he made it clear that the mere maintenance of Register and giving of the registration number would not entitle the Diploma Holders to undertake private practice as Physicians. Thereupon Their Lordships held :
"The Court has noted aforesaid assurance and directs the preparation of the Register in terms of the Statute 6F of the notification dated October 10, 1980 on or before March 1990. The Register would be opened to all the Diploma Holders for inspection and they would be permitted to note the serial number at which their names are registered."
The appeal was disposed of by the above order.

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