DR. MANAS CHAKRABORTY Vs. THE STATE OF WEST BENGAL & ORS.
LAWS(CAL)-1999-12-43
HIGH COURT OF CALCUTTA
Decided on December 01,1999

Dr. Manas Chakraborty Appellant
VERSUS
The State of West Bengal and Ors. Respondents

JUDGEMENT

- (1.) The writ petitioner has challenged the decision of the State Administrative Tribunal dismissing the petitioner's application. The impugned judgment is a lengthy one but the point involved is short.
(2.) The petitioner is a doctor. His name was sponsored for Post Graduate Studies by the respondent authorities. The petitioner sat for the examination for the purpose of selection and was successful. After completing all those formalities, the petitioner applied for T.R.A. This acronym stands for Training Reserve Assignment. The respondents did not grant the same to the petitioner. The petitioner applied before the High Court for relief. The urgency of the matter was compounded because the academic session at the Calcutta University for such Post Graduate Studies commenced with effect from May 1998. However, as the High Court could not entertain the matter, the petitioner's application was transferred to the Tribunal. The Tribunal considered the petitioner and by its judgment dated 20th July, 1999 dismissed the petitioner's application.
(3.) The stand taken before the Tribunal, as now again canvassed before us by the respondents, is that Section IV of the West Bengal Health Services Manual, Vol. 1 provides for Training Reserve Scheme. Under this Section, certain principles are laid down for grant of facilities of the scheme for higher education whether in India or abroad. One of the principles is as follows:- "(c) The candidates to be eligible for such training must be permanent and confirmed officers preferably with 3 years of service including two years of muffasil service and shall not ordinarily be above 45 years in age." According to the respondents, the writ petitioner had not completed two years of service in non-C. M. D. A. area earlier Muffasil service. He had completed a period of one year four months.;


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