Daksh Singhal And Others vs The State Of West Bengal And Others
2022 Latest Caselaw 1308 Cal

17th March, 2022
  (D/L No.16)
     (SKB)

                                            W.P.A. 18122 of 2021
                                                    With
                                               CAN 1 of 2022


                                        Daksh Singhal and others
                                                    Versus
                                   The State of West Bengal and others


                                Mr. Suddhasatta Banerjee,
                                Mr. Supratik roy
                                                    ... for the petitioners.

                                Mr. Swapan Kumar Dutta,
                                Mr. Rajat Dutta
                                                              ... for the State.

                                Mr. L. K. Gupta, Sr. Adv.
                                Mr. Sandip Ghose,
                                Mr. Debayan Ghosh
                                    ... for respondent nos.5 & 6/applicants.

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

Re: CAN 1 of 2022

The two applicants being respondent nos.5 and 6

in the writ petition pray for an interim order for being

admitted to the post-graduate medical courses subject

to the result of the writ petition.

Learned counsel appearing for the applicants

places communication of the respondent no.4, the

Managing Trustee to the private respondents on 7th

March, 2022 stating that the State authorities have

refused to give any provisional admission to the private

respondents in view of an order passed by this court on

31st January, 2022 in this writ petition. Counsel places

two decisions of the Supreme Court for the point that

the deadline for admission to medical courses cannot be

extended by order of court save and except under

exceptional circumstances.

Learned counsel appearing for the writ petitioners

submits that the private respondents cannot obtain an

interim order for admission in the medical courses

where the nomination by the respondent no.4 is under

challenge. Counsel submits that if the admission is

allowed to be made in favour of the private respondents,

the writ petitioners would be irrevocably prejudiced.

After considering the earlier order passed by this

court on 31st January, 2022, this court is of the view

that the same already protects the parties before the

court, namely the writ petitioners as well as the private

respondents. The order makes it clear that final

admission and selection of candidates shall abide by the

result of the writ petition. Since according to the

applicant the word "final" has led to unwanted

confusion, the order may only be clarified to reiterate

that the admission of the recommended candidates to

the medical courses shall abide by the result of the writ

petition and shall also not result in any quota in favour

of the private respondents, who may be admitted to

such course. The judgments show to the court are not

being dealt with since this court has not extended the

deadline of the admission to the medical course.

It is made clear that this order is being passed only

in view of the fact that the last date of admission to the

courses is 31st March, 2022 and submissions on behalf

of the parties are still not complete.

CAN 1 of 2022 is disposed of in terms of the above.

The writ petition being W.P.A.18122 of 2021 will

appear on 24th March, 2022.

(Moushumi Bhattacharya, J.)