Samapti Chatterjee, J. - (1.) The petitioners filed the present writ petition for the following reliefs :- a). A Writ of or in the nature of Mandamus do issue commanding the respondent authorities to quash and/or set aside the list of selected candidates prepared on 03/04/2019, Annexure P-1, after the 1st round of state counselling and to publish a fresh common merit list combining the open category and in service category providing incentives, mentioning name of remote and difficult working places and years of rendering services and clubbing the incentives with the marks obtained in the NEET-PG examination by following the Rule 9 Post Graduate Medical Education Regulations, 2000, amended up to date and according to the Indian Medical Council Act, 1956 forthwith; b). A Writ of or in the nature of Mandamus do issue commanding the respondent authorities to quash and/or set aside the impugned notice dated 18/04/2019. Annexure P-2, and the list of eligible candidates published on 20/04/2019, Annexure P-3 and to publish a fresh merit list, for the open category candidates as those seats are reverted back from the open category of the all India quota forthwith; c). A Writ of or in the nature of Mandamus do issue commanding the respondent authorities to publish a list mentioning the incentives that is, the percentages of incentives as marks awarded to the respective candidate categorically and the years of service rendered by the respective incentive awardee along with their place of posting and years of service. d) A Writ in nature of certiorari do issue directing the respondent authorities to produce before this Hon'ble Court the entire records and proceedings including all the relevant Government orders, Memorandums, notices etc at the time of hearing so the conscionable justice may be rendered by passing appropriate direction. e) Rule NISI in terms of above prayers (a), (b) and ( c ) , (d) above. f) An interim order of injunction should be given directing the respondent authorities upon the list of the allotted candidates published on 03.04.2019; Annexure P-1 after 1st round of state counselling and impugned notice no. OG/WBUHS/2019- 20/0149, dated 18/04/2019, Annexure P-2 and the list published on 20/04/2019, Annexure P-3 of the eligible candidates till to the disposal of the eligible candidates till to the disposal of the instant writ petition and all subsequent steps taken by the respondent authorities, until and unless a fresh merit list be published forthwith; g) And to pass such other order/orders. Direction/directions as Your Lordships may deem fit and proper.
(2.) The petitioners' case in a nutshell is as follows:- That all the petitioners have passed the Bachelor of Medicines and Bachelor of Surgery (M.B.B.S). The petitioners along with in-service Doctors appeared for M.D and M.S examination through National Eligibility-cum-Entrance Test Post Graduate (NEET-PG), 2019 conducted by National Board of Examination (NBE) at all India level. Since the petitioners have been duly qualified in the written examination, therefore, the petitioners were called for State counselling which starts from 29th March, 2019. Accordingly, the petitioners appeared in the State counselling. The petitioners on 5th March, 2019 made a representation before the State Authorities to follow guideline of the Medical Council of India Post Graduate Medical Education Regulations, 2000 as amended up to May, 2018 for preparing common eligibility test. But without considering the same on 29th March, 2019 the authority issued notice thereby reserving 40% seats for the in-service doctors and 60% seats for open category doctors. Assailing the same, the petitioners filed the present writ petition.
(3.) Being prima facie satisfied with the argument of Dr. Md. Hossain appeared in person this Court on 24th April, 2019 restrained the West Bengal University of Health Sciences (WBUHS) from holding second round of counselling which was scheduled to be held on and from 25th April, 2019 till 1st May, 2019 and the matter was directed to appear on 30th April, 2019.;