ARINDAM SINHA,J. - (1.) Petitioner says he is a doctor by profession. He passed Bachelor of Medicine and Surgery Course under University of Calcutta in year 2002. Upon getting MBBS degree he joined West Bengal Health Services. He belongs to Scheduled Caste category. He wants to obtain Master's in Surgery (General Surgery) [MS (General Surgery)]. He participated in National Eligibility-cum-Entrance Test - Post Graduate (NEET-PG), 2017 and scored sufficient marks for being eligible to participate in counselling. Unfortunately for him, in spite of best efforts, including moving this Court, he was unable to secure a seat in his chosen course study for Master's degree. Subsequently he successfully cleared NEET-PG, 2018 and obtained rank of 84,564. He was found eligible to participate in counselling conducted by respondent no. 1 University.
(2.) Mr. Sanyal, learned advocate appeared on behalf of petitioner and submitted, his client had earlier by WP 7031 (W) of 2018 sought to move a Vacation Bench of this Court on 29th May, 2018 for interference in compelling respondent no. 1 to make 31st May, 2018 cut off date for admission of students who had cleared NEET-PG, 2018. His client was unsuccessful but what is of importance is, Circular dated 15th May, 2018, impugned in that writ petition, contained direction upon college authorities which direction assumes significance in this case. The direction is reproduced below: "The college authorities are to inform such candidates through phone number and email ID regarding such vacancy and willing candidates may attend the office of the Principal/Director of the College on 18.05.2018 at 2 p.m. (cut off time)....."
(3.) On 26th May, 2018 Government of West Bengal, Office of Director IPGM and R was in receipt of a letter by which an allottee of a seat in MS (General Surgery) wanted to surrender the same. Said allottee paid prescribed penalty by demand draft on 28th May, 2018. On the same day petitioner had written to the University as follows: "I came to know from a reliable source on 26.05.2018 that one seat is still lying vacant in M.S. (General Surgery) in the academic session 2018-19 at IPGMER/S.S.K.M. Hospital. My name along with merit list has also been forwarded to IPGMER/S.S.K.M. Hospital by you being Memo no. COE/UAS/585/2018 dated 15.05.2018.";