- (1.) These three writ petitions relate to a common dispute and, accordingly, have been heard together. By this common order, this Bench proposes to dispose of all the three writ petitions. The petitioners in W.P. No. 32902(W) of 2014 and W.P. No. 33988(W) of 2014 have obtained MBBS degrees from Government medical colleges of the State affiliated to the West Bengal University of Health Sciences (hereafter the University) whereas the petitioners in W.P. No. 34182(W) of 2014 have obtained similar degrees from various private medical colleges of the State affiliated to the same University. One common feature of all the petitioners is that they hail from States other than West Bengal and this is the immediate cause for their consternation. The State Government has imposed restrictions by prohibiting their admission in the post-graduate medical courses (MD/MS/MDS/PG Diploma) in medical colleges of West Bengal in "Open Category State Quota" (hereafter the State quota). The relevant decisions of the State Government are contained in memoranda dated 1st December, 2014 and 4th December, 2014; the latter having been issued in continuation of the former. The petitioners in W.P. No. 32902(W) of 2014 and W.P. No. 33988(W) of 2014, and the petitioners in W.P. No. 34182(W) of 2014 considering themselves aggrieved by memoranda dated 1st December, 2014 and 4th December, 2014 respectively have prayed for orders to set aside the same and to allow them to take the competitive test scheduled to be held on 1st February, 2015 for ultimate admission in State quota, should they be found deserving of such admission on merit.
(2.) For facility of reference, the contents of the memoranda are quoted below one after the other: "No. HF/O/MERT/1570/2H 06/14 Dated : 1st December 2014 MEMORANDUM The undersigned is directed by order of the Governor to say that, w.e.f. from the date of issuance of this memorandum, the following shall be the eligibility criteria for admission in "State Quota" postgraduate MD/MS/MDS/PG - Diploma seats in the Medical/Dental Co(sin) of West Bengal;- 1. The candidates, who are permanent residents/Domicile of West Bengal but passed MBBS/BDS from MCI/DCI recognised Colleges situated in a State other than West Bengal, will be allowed to appear at the Post Graduate entrance test, along with Domiciled Candidates of West Bengal and seek admission in "State Quota" postgraduate MD/MS/MDS/PG-Diploma seats in the Medical/Dental Colleges of West Bengal; 2. The candidates, who are permanent residents/Domicile of other States but passed MBBS/BDS from MCI/DCI recognised Colleges of West Bengal, through All India Quota (AIQ) will not be appear at the Post Graduate entrance test for State Quota postgraduate MD/MS/MDS/PG-Diploma seats in the Medical/Dental Colleges of West Bengal against All India Quota (AIQ) postgraduate seats." Special Secretary to the Govt. of West Bengal" ******************************* No. HF/O/MERT/1588/2H 06/14 Dated: 4th December 2014 MEMORANDUM In continuation of this Department memo No. HP/O/MERT/1570/2H-06/14 Dated 1st December 2014, the undersigned is directed by order of the Governor to clarify the following regarding the eligibility criteria for admission in "State Quota" postgraduate MD/MS/MDS/PG-Diploma seats in the Medical/Dental Colleges of West Bengal:- 1. The eligibility for in-service reservation facilities for officers of WBHS, WBMES & WBPH & AS within the State Quota postgraduate MD/MS/MDS/PG - Diploma seats in the Medical/Dental Colleges of West Bengal, will be guided by extant TR Rules; 2. The officers who are in Government service in West Bengal, other than WBHS/WBMES/WBPHAS, will be allowed admission against "Open Category State Quota" Postgraduate Degree/diploma seats in medical and dental Colleges in West Bengal, irrespective of their State of domicile or residency; 3. The candidates, who are permanent residents/domicile of West Bengal but passed MBBS/BDS from MCI/DCI recognised Colleges situated in a State other than West Bengal, or from medical/dental colleges in Countries outside India and possessing permanent registration numbers from MCI/DCI/WBMC/WBDC, will also be allowed to appear at the Post Graduate entrance test and seek admission in "Open Category State Quota" postgraduate MD/MS/MDS/PG - Diploma seats in the Medical/Dental Colleges of West Bengal; 4. The candidates, who are permanent residents/Domicile of other States but passed MBBS/BDS from MCI/DCI recognised private medical/dental Colleges of West Bengal, through Management Quota/NRI Quota will not be allowed to appear at the Post Graduate entrance test for State Quota Post Graduate MD/MS/MDS/PG - Diploma seats in the Medical/Dental Colleges of West Bengal seats. Special Secretary to the Govt. of West Bengal" *******************************
(3.) Mr. Chanda, learned senior advocate appearing for the petitioners contends that the State Government has acted illegally and without jurisdiction in restricting the scope of admission of candidates like the petitioners, who have obtained their MBBS degrees after studying in medical colleges in the State, on the specious ground that they are neither permanent residents nor are domiciled in the State of West Bengal. According to him, the decision of the State Government to provide for special benefits to candidates who are permanent residents or having domicile in the State is in the teeth of the decisions of the Supreme Court reported in-- A. Pradeep Jain v. Union of India, 1984 3 SCC 654; B.Magan Mehrotra v. Union of India, 2003 11 SCC 186; C.Nikhil Himthani v. State of Uttarakhand & Ors., 2013 10 SCC 237 and D.Vishal Goyal & Ors. v. State of Kamataka & Ors., 2014 11 SCC 456;