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2016 DIGILAW 791 (SC)

Director of Health Service v. Shibani Chakraborty

2016-05-27

R.BANUMATHI, T.S.THAKUR, UDAY UMESH LALIT

body2016
ORDER : Leave granted. 2. In Civil Appeal No.4485/2016 (arising out of SLP (C) No.10124/2016), the High Court has set aside a final order of the West Bengal Administrative Tribunal in O.A. No.993 of 2015 dated 29th September, 2015. In the connected Civil Appeals (arising out of SLP (C) No.11613/2016; 11642/2016; 11644/2016; 11543/2016) the orders passed by the High Court in writ petitions arising out of interim orders passed by the Tribunal in somewhat similar terms have been assailed by the appellants. 3. Having heard the learned counsel for the parties at some length, we are inclined to set aside the order impugned in Civil Appeal No.4485/2016 (arising out of SLP (C) No.10124/2016) and to remit the matter to the High Court for a fresh disposal with the observation that pending fresh disposal, the respondents shall have the option to pursue their Post-graduate courses in the discipline in which they have been granted admissions pursuant to the West Bengal Post Graduate Medical Admission Test, 2015. Pending final disposal of the matter by the High Court, the respondents shall not however be treated as Trainee Reserve for it is not in dispute that they do not have requisite rural service to qualify as Trainee Reserve candidates. Consequently, they shall not be entitled to claim any salary or other benefits till such time the High Court finally disposes of the writ petitions afresh. 4. In the connected civil appeals also the orders passed by the High Court shall stand modified accordingly with a request to the High Court to dispose of the matter expeditiously and as far as possible within a period of three months from the date a copy of this order is filed before it. 5. The appeals are disposed of in the above terms. We have not expressed any opinion on the merits or the contentions that may be open to the parties to be agitated before the High Court. We also make it clear that the observations made by the High Court in the impugned order regarding the issues that fall for determination shall not influence the fresh disposal of the matters. 6. In the result, the orders passed by the High Court are set aside and the matters are remitted back to the High Court for fresh consideration in accordance with law.