- (1.) AN advertisement was issued by the Government of West Bengal in the newspapers for appointing persons on contract basis. The advertisement included the post of Pharmacists. The essential qualifications were Diploma/Degree in Pharmacy with 'A' category registration from the West Bengal Pharmacy Council.
(2.) THE petitioner who has a Bachelor's degree in Commerce and a Diploma in Pharmacy with registration No.D -53477 applied for appointment as a Pharmacist. The registration number discloses that the diploma obtained by the petitioner was in the 'D' category and not 'A' category. The petitioner was directed to appear before the selection committee for being empanelled for the post of Pharmacist on contract basis. Accordingly, he appeared with his testimonials which included the diploma certificate issued by the West Bengal Pharmacy Council. On 18th August, 2003 the petitioner was informed that on the basis of his performance at the interview he was being offered the post of pharmacist on contract basis. The petitioner accepted the offer and he commenced working as a Pharmacist on the basis of a contract executed between him and the Chief Medical Officer of Health, Dakshin Dinajpur, Balurghat on 2nd September, 2004. This contract was valid till 1st September, 2005. It appears that the contract was extended from time to time till 31st March, 2007. Thereafter by an order issued by the Chief Medical Officer of Health, Dakshin Dinajpur, the contract of the petitioner and several other employees was extended until further orders with effect from 1st April, 2007.
(3.) ON 30th May, 2007 the Government issued a memo deciding to regularise the services of para -medical staff with effect from 17th May, 2007. Another memo was issued by the Government on 22nd June, 2007 with respect to regularisation of the services of 327 para -medical staff. This regularisation was to be effected subject to the verification of "all original related documents". It was decided to regularise 135 Pharmacists who were then working on contract basis as also several others who were employed in other technical posts. The memorandum disclosed that the Governor had declared the Director of Health Services, West Bengal, as the appointing authority of these persons. Pursuant to this decision of the State the petitioner's services were regularised by an order dated 6th July, 2007 issued by the Director of Health Services, West Bengal. However, the order clearly mentioned that the regularisation was a temporary measure and would continue until further orders. The regularisation was made conditional upon verification of the antecedents of the incumbents, their educational testimonials, verification of 'A' category registration with the West Bengal Pharmacy Council and subject to a medical examination. The order unambiguously stipulated that if during the verification of the certificates/mark -sheets they were found to be invalid or not in accordance with the requirement for the post of Pharmacist, the services of the employee would be liable to be terminated immediately. Accordingly the petitioner's testimonials and educational qualification were verified and found wanting. This was because he did not possess an 'A' category registration although he had a Diploma in Pharmacy. His registration by the West Bengal Pharmacy Council was in the 'D' category. The petitioner was directed to appear before the Director of Health Services, West Bengal, for a personal hearing. He appeared and submitted his statement with respect to the inadequate qualifications that he possessed. By an order dated 26th June, 2008, the Director of Health Services found that the petitioner did not possess the requisite qualifications either for being appointed on a contract basis or for being continued on a regular basis. His services were terminated with immediate effect.;