Dr. Sourav Chattopadhyay & Ors vs State Of West Bengal & Ors
2021 Latest Caselaw 1464 Cal

18.02.2021

ns Ct.04 M.A.T. 773 of 2020 with I.A. CAN 1 of 2020

Dr. Sourav Chattopadhyay & Ors.

Vs.

State of West Bengal & Ors.

Mr. Subir Sanyal, Mr. Amiya Kr. Dutta, Mr. Swadesh Priya Ghosh .... for appellants.

Mr. Indranil Roy, Mr. Sunit Kumar Roy .... for National Medical Commission.

Mr. D. N. Maiti ... for W.B.U.H.S.

Mr. Swapan Kumar Dutta, ld. A.G.P., Mr. Sirsanya Bandyapadhyay, Ms. Soumi Guha Thakurata .... for State.

Mr. Sanyal, learned advocate appears on behalf

of appellants and submits, contents of affidavit on

additional evidence were mailed to his clients this morning.

He is, however, ready to proceed. On behalf of State, the

affidavit is filed.

Mr. Sanyal draws attention to paragraphs 4 to

7 of the affidavit. We find there are statements that in-

service doctors, who had served in Bankura Sammilani

Medical College (BSMC) and Midnapore Medical College

(MMC) had their incentive marks deducted. We, however,

do not have the date of deduction. In this context we

notice, as already recorded in our order dated 9th

February, 2021, the writ petition was filed on 6 th July,

2020 and communication documents, enclosed in the

affidavit, appear to be post that date, though some refer to

earlier communications, not disclosed.

There is no notification disclosed regarding the

medical college situate in Malda, nor is there any statement

regarding deduction of incentive marks from those in-

service doctor candidates serving in the hospital there.

Mr. Bandyopadhyay, learned advocate Junior Standing

Counsel appearing on behalf of State submits, appellants

have got admission on being granted incentive marks. Mr.

Sanyal retorts, the correct position on adjudication of the

challenge will open up choice of subjects for his clients.

State did not take the first Court into

confidence on the additional evidence they have now

produced. Further additional evidence we require, as

aforesaid, to enable us to pass judgment. State will file

supplementary affidavit giving the data regarding grant of

incentive marks to in-service doctor candidates, all who

have got them along with particulars of their college or

hospital of service. Copy of this affidavit must reach

petitioners by 2nd March, 2021.

List under same heading on 4th March, 2021.

(Arindam Sinha, J.)

(Suvra Ghosh, J.)