- (1.) THIS batch of writ petitions are being taken up for hearing together as similar questions of law as well as factual issues are involved in all these proceedings. The petitioners are all medical officers under the service of the Government of West Bengal (the State Government). They were permitted to appear in the entrance examination for the post graduate medical degree and diploma courses as Government sponsored candidates from in-service category for the 2012 session. All the petitioners are guided by the West Bengal Medical Education Service, the West Bengal Health Service and the West Bengal Public Health-cum-Administrative Service (placement on Trainee reserves) Rules, 2008 (the 2008 Rules) for the purpose of participating in the said courses. For admission in post-graduate medical degree and diploma courses, I have been apprised by the learned Counsel appearing for the petitioners that 50 per cent of the total seats are offered to candidates who participate in All India Entrance Examination, and 50 per cent of the candidates are admitted at the State level, through the West Bengal Post-Graduate Medical Admission Test (WBPGMAT). In respect of these 50 per cent seats which are filed up through the WBPGMAT, for degree course 40 per cent of the seats are reserved for in-service candidates, whereas 50 per cent are reserved for the same category of candidates in respect of diploma courses. In these writ petitions admission of candidates from this category which is the subject-matter of dispute,
(2.) THE Medical Council of India, (the "Council" in short) who are respondents in these proceedings have framed the Regulation for admission to the post-graduate courses being the Post-Graduate Medical Education Regulation 2000 (the 2000 Regulation), in exercise of power conferred by Section 33 of the Indian Medical Council Act, 1956. There has been dispute in the past about the last date of admission in the medical courses over maintaining the time schedule. In the case of Medical Council of India v. Madhu Singh & Ors. [(2002)7 SCC 258[, the Hon'ble Supreme Court directed adherence to the examination schedule to be ensured by the Council. Thereafter, on 14th May, 2003, a directive was issued by the Ministry of Health and Family Welfare to the State authorities and Universities awarding medical and dental degrees laying down the policy guideline on admission of students and other allied matters. The said directive specified the last date by which students could be admitted against various quotas in the MBBS/BDS course as also postgraduate courses. In the case of Mridul Dharv. Union of India [(2005)2 SCC 65], it was held by the Hon'ble Supreme Court :- "Having regard to the professional courses, it deserves to be empasized that all concerned including Governments, State and Central both MCI/DCI college - new or old, students, Boards, universities examining authorities etc. are required to strictly adhere to the time schedule wherever proved for; there should not be midstream, admissions; admissions should not be in excess of sanctioned intake capacity or in excess of quota of anyone, whether State or management. The carrying forward of any unfilled seats of one academic year to next academic year is also not permissible."
(3.) THE Council further amended the 2000 Regulation as per Postgraduate Medical Education (Amendment) Regulations, 2006, introducing Appendix III to the main Regulation specifying a fresh time schedule for post-graduate and super specialty courses. This schedule provides :- JUDGEMENT_242_WBLR3_2013.jpg JUDGEMENT_242_WBLR3_20131.jpg;