M.N.ROY, J. - (1.) This appeal from Original Order, is directed against the judgement and order dated 13th May, 1986, passed in C.O. No. 10453(W) of 1984, by Prabir Kumar Majumder, J. By such determination, the application, which was moved by the respondent herein, was allowed and a communication bearing No. 353/D. Sc. dated 7th May, 1984 and as issued by the Authorities of the University of Calcutta, has been set aside and they have been directed to reconsider within a stipulated time, the case of the writ petitioner, on the basis of the recommendations of the Board, which was 2 : 1 and to take steps to award the D.Sc. Degree in General Surgery, on the basis of the thesis as submitted by him.
(2.) It is an admitted fact that the respondent got all his Degrees up to M.S. with due credit and because of his knowledge in the field of Surgery, he held various posts. It would appear that on or about 11th Dec., 1961, he joined the West Bengal Health Services and that apart, he held various responsible and coveted posts, and he had to his credit, teaching experience for 29 years and has also to his credit many publications, including some original works in different Medical Journals. He was also appointed as member of the Selection Board of Public Service Commission in 1984.
(3.) By a communication dated 24th July, 1976, the Authorities of the University of Calcutta, granted the respondent, who at the relevant time was officiating as a Reader in the Department of Surgery, R.G. Kar Medical College, permission to undertake research work for obtaining D.Sc. Degree in Clinical Surgery from the University of Calcutta, on the following terms :- (i) that he will carry on the Research work after performance of normal duties, which should not suffer; (ii) that such permission will not stand in the way of his transfer if it is so required in the exigencies of public interest; (iii) that he will execute a bond undertaking to serve the State Govt. at least for a period of 3 (three) years on completion of his research work and then on 16th Dec., 1980, he submitted the necessary copies of D.Sc. Thesis under the caption "Studies on the Etiopathogenesis of Buerger's Disease" to the Registrar, University of Calcutta. Along with this Thesis, the respondent had also filed and produced the other relevant and required documents and records and also in terms of the requisitions by the Authorities concerted, he duly put in the necessary postal charges, for transmitting his thesis to various Foreign Examiners. It appeared from the records as produced, the Thesis, on the recommendation of the Calcutta University Council, was directed to be sent to (1) Mr. Martin Birnstingl, M.S., F.R.C.S., Consultant Surgeon, St. Bartholomew's Hospital, London, (2) Mr. Samuel Silbot. The second Surgical Serviet, Mount Sinei Hospital, New York and (3) Mr. G. L. Hill, Programmer in Surgery, Foreman Building, University of Texas Medical School, Houston Medical Centre, Houston, Texas 770925. It was submitted by Mr. Mukherjee, appearing for the appellants, that such selection was made, out of ten persons. It also appeared from the records and which fact was stated by Mr. Mukherjee to the Court, that Mr. Samuel Silbut having declined, Mr. Victor A. Mckusie, Department of Medicine, The Johns Hopkins University School of Medicine and Hospital was selected in his place from amongst the list as mentioned above. The last named examiner (hereinafter referred to as the said examiner), gave his opinion adverse to the respondent, while the other two highly recommended his case.;