JUDGMENT 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. 2. 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. I 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. 3. The submission of the respondents is unacceptable. A memorandum was issued dated 24th November, 1992 which lays down guidelines for......with the application of a candidate for permission to sit for entrance examination and for admission in various Post Graduate Courses. Clause 7 of the guidelines provides that the applicant would have to be eligible and would get permission to sit for the entrance examination for the Post Graduate Courses only when he or she has served with the West Bengal Government Services continuously in accordance with the prescribed manner. The petitioner's case will fall in Group-......
Clause 7 of the guidelines provides that the applicant would have to be eligible and would get permission to sit for the entrance examination for the Post Graduate Courses only when he or she has served with the West Bengal Government Services continuously in accordance with the prescribed manner. The petitioner's case will fall in Group-...... which requires total service for three years and two years in non-C.M.D.A. area. Clause 10 of the guidelines provides as follows :- "All the candidates have to apply for permission to appear in the Entrance Examination using the original form of the prescribed University/Institution and to obtain sponsorship certificate in duplicate from the relevant authority as previously mentioned in G.C.(S1. No.2) in the prescribed proforma (Annexure-I) attached herewith. One copy is to be enclosed with the University from and the other one is to be retained by the candidate for future reference". It is, therefore, clear that the petitioner was not only allowed to appear at the entrance examination but also obtained sponsorship certificate as prescribed. 4. The next stage has been prescribed in Clause 11 which reads as follows :-- "After publication of results of the examinations candidate selected by the University has to apply for placement of T.R., to the headquarter, through proper channel using the prescribed proforma (Annex- II) along with a copy of the sponsorship certificate which has been retained by the candidate". 5. To disqualify the petitioner at this stage on the ground of eligibility would be seriously prejudicial to the petitioner as he had acted on the basis of the permission and sponsorship granted to him and sat for and has been successful in the examination. Had the eligibility criteria been mandatory, the respondents might have had a case. But the eligibility criteria has been stated in the form of a preference. In other words, the candidate, who is a permanent and confirmed officer, is eligible for training. But, if he has three years service, including two years in a non-CMDA area, it would be preferable. 6. In addition, it appears in this case that the petitioner could not complete the years in the non-CMDA area because of his illness and his representation in that regard was considered and allowed by the respondent authorities. In these circumstances, the refusal by the respondent authorities to issue the petitioner T.R.A., was unjustified. 7.
6. In addition, it appears in this case that the petitioner could not complete the years in the non-CMDA area because of his illness and his representation in that regard was considered and allowed by the respondent authorities. In these circumstances, the refusal by the respondent authorities to issue the petitioner T.R.A., was unjustified. 7. In the meanwhile, the session has started and has also been completed. It would not be possible either for the University to accommodate the petitioner at this stage or is it possible for the petitioner to make up the lost time. We, accordingly, dispose of the writ application by setting aside the decision of the Tribunal and by directing the Calcutta University to grant admission to the petitioner for the academic year May 2000 in the discipline of M.D. (Tuberculosis Resiratory Diseases Discipline). The respondent authorities will issue T.R.A. to the petitioner effective from the date of admission at the appropriate time. It is, however, made clear that if the petitioner chooses not to avail of this order and does not join Calcutta University on the date specified for admission, this order will not bind the respondent authorities. Xerox certified copy of this order, if applied for, be delivered immediately.