Biswanath Somadder, J. - (1.) The instant appeal arises out of a judgment and order dated 21st June, 2011, passed by a learned Single Judge in W.P. 7110 (W) of 2011 (Al Kamal Ahmedullah vs. State of West Bengal & Ors.).
(2.) The writ petition was filed by one Al Kamal Ahmedullah challenging an order dated 4th April 2011, passed by the Chief Medical Officer of Health, Paschim Medinipur. The said order dated 4th April, 2011, was passed by the Chief Medical Officer of Health, Paschim Medinipur, pursuant to a previous order of the High Court, being an order dated 15th February, 2011, which was rendered in a prior writ petition, being W.P. 1088 (W) of 2011, filed by the writ petitioner/appellant herein. The learned Single Judge, while proceeding to dismiss the writ petition, being W.P. 7110 (W) of 2011 (wherefrom the instant appeal emanates), made the following observations: - "Having considered the facts of the case, the guidelines for appointment of AYUSH doctor allots 45 marks on account of academic and professional records. The allocation has also been set out in clause 8 (i) of the said guidelines. For viva-voce, 5 marks is to be given. On the basis of the academic and professional records, marks have been allotted and although a question has been raised with regard to the balance 25 marks which according to the petitioner should have been allotted to him. The said guidelines have not been challenged by the petitioner in this writ petition. According to him, professional records would include experience but the said does not find mention in clause 8 or in any other clause of the guidelines. Therefore, to contend that, marks should have been allotted on account of experience cannot be accepted. Undoubtedly, from a look at the tabulation sheet, it appears that in academic, the petitioner has scored much more than the private respondent, but it is on account of viva-voce that he has got five marks. Therefore, the findings of the respondent no. 5 cannot be faulted and calls for no interference. The petitioner here is an unsuccessful candidate and no infirmity is found with the selection process or the order dated 4th April, 2011."
(3.) Against the impugned judgment and order, the present appeal has been filed by the writ petitioner.;