After the Calcutta High Court ordered the cancellation of the Working Candidate Quota in West Bengal Medical Colleges of PG Level Medical Admissions, and do fresh admissions, the candidates who already got admission in PG courses approached the Supreme Court for bringing them out of their insecurity.
Adding to their relief, the Supreme Court of India has ordered that the candidates who already got admissions can continue their studies in this academic year. The ruling of Calcutta High Court will be followed from the next academic session so that no admitted candidate gets in uncertainty about their future.
The advocates of the Working Quota MD and MS Candidates, Kallol Basu and Suman Banerjee informed that the candidates backed by the state government approached the Supreme Court after Calcutta High Court declared the Quota Based MD and MS Admissions are against the rules of Medical Council. Hundreds of candidates’ future became uncertain for this HC Ruling.
The Supreme Court Division Bench of Justice Arun Mishra and Justice Indira Bandopadhyay has ruled on 9th November 2019 that the 285 candidates who took admissions in West Bengal Medical Colleges as per the Working Quota can pursue their studies starting from this academic session. The next hearing of this case is Due on 14th November 2019.
Calcutta HC Ruling to Cancel Working Quota Admissions on October 2019
The Calcutta High Court Hearing Bench of Justice Sambuddha Chakraborty and Justice Hiranmay Bhattacharya has ordered to scrap the reservation for the practising government doctors for Post Graduate Medical Course Admissions in West Bengal Medical Colleges. They have said that the reserving 40% seats for the doctors working under state government are unconstitutional as all the doctors have to go through the same eligibility test.
285 students were admitted under the 40% reservation quota in 2019-20 academic session which will now be cancelled without any mercy.
The bench has directed the State government to conduct another counselling for the 40% of the seats within 10 days after the Durga Puja Holidays. And then, another 10 days slab has to be allocated for admission process completion.
The case was transferred to the bench of the Justice Chakraborty and Justice Bhattacharya after the bench of Justice Samapti Chatterjee directed the state to roll out a combined list of PG Medical Admissions.
Previous Proceedings of Calcutta HC on Reservation in MD & MS Course
The state government of West Bengal prepared two merit lists for MD course admissions previously. Two of the separate merit lists featured students and already practising doctors separately as the State government had to reserve seats for government doctors going for MD Courses. However, the Calcutta High Court has ruled that there cannot be separate merit list for Government Doctors for postgraduate level studies of MD and MS. The bench of justice Samapti Chatterjee has directed the state government to publish the revised merit list within 15 days.
According to the reports of West Bengal Health & Family Welfare Ministry, in the 2019-20 academic year, 40% of seats are reserved for MD & MS admissions by working government doctors. Challenging the policy, an appeal was filed with the Calcutta HC by Dr Md Nazir Hossein and some other doctors. They expressed the policy is against the directives of the Medical Council of India (MCI). According to the MCI policies, a government doctor working in rural areas in government health centres or hospitals will be given 10 marks extra for each year of their work-tenure. These marks will be added with the entrance test (NEET PG) for MD and MS examinations. Against the rule, the WB Government’s merit list has separate reserved seats for the working government doctors.
An advocate of MCI, Mr Sunit Roy has said that the government of West Bengal published two separate merit lists where other candidates had 60% and the government doctors who had to sit for the entrance exam as well had 40% reservations.
The advocate informed that the court had directed the admission process to conclude before 31st May, as the deadline has been exceeded, the court has directed the state government to publish the merit list within 15 days.The court has also said that the candidates taking admission as per the new merit list can appeal to the supreme court for stretching their admission dates.
The General Secretary of Service Doctor’s forum, Mr Sajal Biswas expressed that with this rule of Calcutta HC, the future of service doctors have become uncertain as it cannot be said which candidates will be excluded from the common merit list. If needed, the state government have to go to the supreme court for keeping this year’s admission process unchanged as previous, otherwise, the healthcare system of the state can break down.
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