ANIRUDDHA BOSE, J. - (1.) THESE two writ petitions involve controversy over admission in the course for Master degree in dental surgery, which is commonly known as MDS, for the year 2012. The petitioners in both these proceedings have obtained Bachelor degree in dental surgery, (BDS) and upon completing their internship had joined the West Bengal Dental Service. In pursuance of leave granted by an Hon'ble Single Judge of this Court, two other candidates, Saikat Mahata and Ritesh Aich also were impleaded as party-respondents to W.P. 8477(W) of 2012. I shall refer to in this judgment the candidates who were impleaded as respondents in W.P. No. 8477(W) of 2012 as "added respondents".
(2.) AT the material point of time, all the petitioners as well as the added respondents were in the said service. For the MDS course, certain number of seats are specially allocated for those candidates who are in regular service of the Government of West Bengal and are sponsored by the State Government. These seats have come to be known as Government sponsored seats. Admission to the said course, conducted by The West Bengal University of Health Sciences (the University) is undertaken through a common admission test, being "West Bengal Post-Graduate Dental Admission Test," (WBPGDAT). In these two proceedings, the petitioners had appeared in the said test held in the year 2012, for the Government sponsored seats. The rules and procedure relating to admission to the said course has been published by the University in the form of a booklet, titled "Information Booklet." A copy of this booklet, which contains "Regulation of admission to Post-Graduate course in Dental Sciences" for the year 2012 has been annexed to the Writ Petition registered as W.P. 8477(W) of 2012, and marked "P6". This writ petition, later in the judgment shall be referred to as the first writ petition, and the information booklet published by the university shall be henceforth described as "the booklet". Clause 6 of the booklet contains the rules relating to applications for reserved seats. Provisions relating to such seats for Government sponsored candidates is contained in Clause 6.1, which provides:- "Candidate who is in regular service of the Government of West Bengal and is sponsored by the Govt. of West Bengal is eligible to apply for admission to the Govt. sponsored seats. Candidate is requested to consult relevant government notifications before applying for Govt. sponsored seats. If required, the candidate is advised to verify their eligibility from their employer. The choice regarding category, once exercised, cannot be subsequently changed. Candidate for the Govt. sponsored seats is required to produce sponsorship certificate from the Government of West Bengal before being considered for admission." (quoted verbatim)
(3.) CLAUSE 2 of the same booklet lays down the eligibility criteria for admission into the said course, and Clause 2.3 stipulates:- "Candidates applying for the Government sponsored seats must be is in regular service of the Government of West Bengal under the Health and Family Welfare Deptt. and is sponsored by the Government of West Bengal shall be eligible to apply for admission even if such candidates obtained their B.D.S. degree from any other Institution located outside the State of West Bengal, which is recognized by DCI. Such candidates will be required to produce necessary sponsorship certificates from the Government of West Bengal before being considered for admission on the day of counselling." (quoted verbatim);