JUDGMENT : Debasish Kar Gupta, J. This writ application is directed against a final order dated June 11, 2018 passed by the West Bengal Administrative Tribunal in connection with 10 original applications bearing Nos.260 of 2018, 279 of 2018, 292 of 2018, 303 of 2018, 306 of 2018, 307 of 2018, 323 of 2018, 329 of 2018, 338 of 2018 and 361 of 2018. The operative portion of the final order impugned to this writ application is quoted below:- “In view of the foregoing reasons, we are constrained to hold that order dated April 12, 2018, order dated April 20, 2018 and order dated April 21, 2018 issued by the respondent No.3, Director of Health Services, West Bengal are quashed. Similarly, the notice dated April 21, 2018 issued by the Controller of Examinations, West Bengal University of Health Sciences also stands quashed. The momo dated March 19, 2018 issued by the Joint Secretary to the Government of West Bengal, Department of Health and Family Welfare, Medical Administration Branch and Addendum dated April 2, 2018 issued by the respondent No.1, Principal Secretary to the Government of West Bengal, Department of Health and Family Welfare are also quashed. The respondent No.3, Director of Health Services, West Bengal is directed to issue sponsorship certificate in favour of all the applicants along with 196 candidates who have already been allowed to get admission in PG courses as Government sponsored candidates within a period of two weeks from the date of communication of the order. The respondent No.1, Principal Secretary to the Government of West Bengal, Department of Health and Family Welfare is directed to issue placement order for trainee reserve in favour of all the applicants along with 196 candidates referred to above for continuation of their PG courses under the university within a period of two weeks from the date of communication of the order. With the above directions all original applications are disposed of.” 2. The backdrop of the case in a nutshell is as under:- By a notification dated March 6, 2018, the Government was pleased to pass an order for fixation of permissible limit of post graduate trainee reserve every year/academic session for the officers of West Bengal Health Services, West Bengal Health cum Administrative Services, West Bengal Medical Education Services, Dental Services and Dental Education Services in supersession of previous order/s in this regard. According to the above notification, the strength of trainee reserve has been fixed as 10% of existing strength (not sanctioned strength) as on 31st December of previous year meaning thereby that for any session/year trainee reserve will be allowed in order of merit, to 10% of existing strength as on December 31 of previous year. Necessary to point out that the above notification was issued by the Principal Secretary to the Government of West Bengal, the Department of Health and Family Welfare by order of the Governor, State of West Bengal. By a memorandum dated March 19, 2018, the Joint Secretary to the Government of West Bengal, Department of Health and Family Welfare, Medical Administration Branch, declared that in the year 2018-19, 180 (one hundred and eighty only) candidates might be placed on trainee reserve. By an Addendum dated April 2, 2018 the Principal Secretary to the Government of West Bengal, Department of Health and Family Welfare purported to be in continuation of the notification dated March 6, 2018 clarified the contents of paragraph 3 of the above notification to the effect that Total trainee Reserve strength for a session/year, will be determined by calculating 10% permanent duty post of existing strength (i.e., men in position) as on December 31 of previous year. By a subsequent order dated April 12, 2018 passed by the Director of Health Services, West Bengal, the number of trainee reserve for the academic session 2018 has been restricted to 180. By another order dated April 20, 2018 passed by the Director of Health Services, West Bengal, the number of trainee reserve was increased from 180 to 194 in the merit list. By a similar order dated April 21, 2018 passed by the Director of Health Services, West Bengal, the number of trainee reserve was increased once again from 194 to 196 in the merit list. 3. The respondents (including the added respondents) are working for gain in the post of Medical Officers on probation against substantive posts under the West Bengal Health Services and/or West Bengal Health cum Administrative Service, as the case may be. All of them completed three (3) years of service under the Department of Health and Family Welfare, Government of West Bengal. 4. All the respondents were eligible to participate in the NEET PG, 2018. They participated and qualified in NEET PG, 2018. All of them completed three (3) years of service under the Department of Health and Family Welfare, Government of West Bengal. 4. All the respondents were eligible to participate in the NEET PG, 2018. They participated and qualified in NEET PG, 2018. All the respondents obtained “Temporary No Objection Certificates” (hereinafter referred to as temporary NOC) from the Director of Health Services, West Bengal for participating in the counseling for admission to post graduate course upon their placement on trainee reserve as Government sponsored candidates. But sponsorship certificates were not issued in their favour for their placement on trainee reserve as Government sponsored candidate. Though temporary NOC was issued in favour of 364 Medical Officers including the respondents for participating in the counseling for admission to post graduate courses upon their placement on trainee reserve as Government sponsored candidates, only 180 Medical Officers were allowed to take admission in post graduate courses for academic session 2018 upon their placement on trainee reserve as Government sponsored candidates. 5. The subject matter of challenge in the original application were the aforesaid memorandum dated March 19, 2018 issued by the Joint Secretary to the Government of West Bengal, Department of Health and Family Welfare, Medical Administration Branch, Addendum dated April 2, 2018 issued by the Principal Secretary to the Government of West Bengal, Department of Health and Family Welfare orders dated April 12, 2018, April 20, 2018 and April 21, 2018 passed by the Director of Health Services, West Bengal respectively. 6. According to the materials on record, which were placed before the learned Tribunal, the existing strength of the Medical Officers as on December 31, 2017 was 6746. 10% of the aforesaid existing strength (not sanctioned strength) of Medical Officers fulfilling the eligibility criteria as on December 31, 2017 was 674. Out of the aforesaid vacancies for placement on trainee reserve as Government sponsored candidates, 326 Medical Officers joined in the post graduate course upon placement on trainee reserve as Government sponsored candidates. So, according to the respondents, the net number of vacancies to be calculated on the basis of 10% of existing strength as on December 31, 2017 for placement on trainee reserve scheme as Government sponsored candidates was 348. 7. So, according to the respondents, the net number of vacancies to be calculated on the basis of 10% of existing strength as on December 31, 2017 for placement on trainee reserve scheme as Government sponsored candidates was 348. 7. According to the writ petitioners, the Medical Officers who joined in service in the years 2015, 2016 and 2017 could not be treated as Medical Officers holding permanent duty post as they had not been confirmed in the services and consequent thereupon they had not fulfilled the eligibility criteria for placement on trainee reserve as Government sponsored candidates. According to the petitioners, 10% of the existing strength (not the sanctioned strength) as on December 31, 2017 was 6746, and out of them 1685 numbers of Medical Officers were not on permanent duty post. Therefore, the net number of 10% Medical Officers, who were placed on permanent duty post was reduced to (6746-1685=5061). So, according to the petitioners, the number of eligible Medical Officers for placement on trainee reserve which was 10% Medical Officers, who were on permanent duty posts on existing strength (i.e., men in position) came to 506. According to the respondents, out of the aforesaid 506, 326 Medical Officers already joined in the post graduate courses upon their placement on trainee reserve as Government sponsored candidates. Consequent thereupon, the net available seats for placement of Medical Officers on trainee reserve as Government sponsored candidates for the year 2018 was 180 in accordance with the notification dated March 6, 2018 read with the Addendum dated April 2, 2018. 8. The learned Tribunal after considering the arguments advanced by the respective parties as also the materials available on record arrived at the following conclusions:- (i) The notification dated March 6, 2018, which was issued by the order of the Governor of the State of West Bengal, fixing the permissible limit of post graduate trainee reserve, every year/academic session for the Medical Officers, in supersession of previous order/s, in this regard was modified by an Addendum dated April 2, 2018 issued by the Principal Secretary to the Government of West Bengal, Department of Health and Family Welfare in the garb of qualification without obtaining any order from the Governor of the State of West Bengal. Such an action was not sustainable in law; (ii) The permissible limit of post graduate trainee reserve every year/academic session for the Medical Officers was fixed as 10% of the existing strength (not sanctioned strength) as on December 31 of previous year. According to notification dated March 6, 2018 issued by the order of the Governor of the State of West Bengal. But in the garb of issuing addendum for clarifying paragraph 3 of the above notification dated March 6, 2018, the Total trainee Reserve strength for a session/year was decided to be determined by calculating 10% of permanent duty post of existing strength (i.e., men in position) as on 31st December of previous year was not permissible under law without obtaining an order from the Governor of the State of West Bengal; (iii) The provisions of Rule 5 of the West Bengal Medical Education Service, the West Bengal Health Services and the West Bengal Public Health and Administrative Service (placement on trainee reserve) Rules, 2015 (hereinafter referred to as said Rules, 2015) was directory and not mandatory. As a consequent, the admission of the respondents in different post graduate courses under the University was not vitiated for not obtaining sponsorship certificate. The period of admission after allotment of seats in post graduate course and was extremely short, and since there was not possibility of obtaining sponsorship certificates from the petitioners without intervention of the learned Tribunal/Court, the respondents were compelled to take the decision to get admission in post graduate courses without obtaining sponsorship certificates. 9. It is submitted by Mr. Amitesh Banerjee, learned Standing Counsel, appearing on behalf of the petitioners that the Addendum dated April 20, 2018 was issued by the Principal Secretary to the Government of West Bengal, Department of Health and Family Welfare for the purpose of clarification of the notification dated March 6, 2018. According to Mr. Banerjee, Rules of Business permitted the Principal Secretary to the Government of West Bengal, Department of Health and Family Welfare to issue the Addendum in question. 10. It is the next contention of Mr. Banerjee that the Addendum in question has not been issued to sub-plant the notification dated March 6, 2018. According to Mr. Banerjee, Rules of Business permitted the Principal Secretary to the Government of West Bengal, Department of Health and Family Welfare to issue the Addendum in question. 10. It is the next contention of Mr. Banerjee that the Addendum in question has not been issued to sub-plant the notification dated March 6, 2018. In support of his above contention, our attentions have been drawn towards the memorandum dated March 19, 2018 issued by the Joint Secretary to the Government of West Bengal, Department of Health and Family Welfare, Medical Administrative Branch to show that in the year 2018-19, 180 candidates were decided to be placed on trainee reserve as Government sponsored candidates. 11. According to Mr. Banerjee, the Temporary NOC does not permit an eligible medical officer to take admission in the post graduate course in view of the provisions of the said Rules, 2015. According to Mr. Banerjee, none of respondents prayed for issuing sponsorship certificate in his/her favour after their counseling and before their admission to the post graduate course. According to Mr. Banerjee, it was a case of violation of the mandatory provision of Rule 5 of the said Rules, 2015. 12. It is also the contention of Mr. Banerjee that in view of the non-compliance of the provisions of mandatory Rule 5 of the said Rules, 2015, the sponsorship certificates have not been issued in favour of the respondents in exercise of the discretionary power under the provisions of Rule 9 of the said Rules, 2015 which cannot be said to be arbitrary exercise of the discretion. 13. In reply to the aforesaid submissions made on behalf of the petitioners, it is submitted by Mr. Pratik Dhar, learned Senior Advocate, appearing on behalf of the respondent nos.1-9, 11-18, 20, 21, 23, 25, 28-44 that the notification dated March 6, 2018 was issued by the order of the Governor of the State of West Bengal. The above notification was issued for making provisions for placement of Medical Officers on trainee reserve as Government sponsored candidates. According to him, the above notification was issued in supersession of all previous order/s in this regard. According to the above notification, the strength of trainee reserve has been fixed as 10% existing strength (not sanctioned strength) as on 31st December of previous order. According to him, the above notification was issued in supersession of all previous order/s in this regard. According to the above notification, the strength of trainee reserve has been fixed as 10% existing strength (not sanctioned strength) as on 31st December of previous order. But the above notification has been sub-planted by virtue of issuing purported addendum dated April 2, 2018 by the Principal Secretary to the Government of West Bengal, Department of Health and Family Welfare in the garb of clarification. According to him, the strength of trainee reserve has been converted to 10% of the existing strength (not sanctioned strength) of permanent duty post of existing strength in place of 10% of the total existing strength i.e., 10% of the Medical Officers who were confirmed in service. According to Mr. Dhar, the notification dated March 6, 2018 was a Government order issued in exercise of powers conferred under Article 162 of the Constitution of India, while the Addendum dated April 2, 2018 was a general order issued by the Principal Secretary to the Government of West Bengal, Department of Health and Family Welfare without obtaining approval from the Governor of the State of West Bengal. According to him, the learned Tribunal was not in error in setting aside the Addendum in question on the aforesaid ground. 14. The next contention of Mr. Dhar is that the provisions of Rule 5 of the said Rules, 2015 were directory and not mandatory in nature in view of the admitted fact that no penal consequences for non-compliance of the above provision has been prescribed in the said Rules, 2015. It is argued by Mr. Dhar that no sponsorship certificates have been issued to any of the Medical Officers whose name appeared in orders dated April 12, 2018, April 20, 2018 or April 21, 2018 respectively issued by the Director of Health Services, West Bengal. Therefore, according to Mr. Dhar, the petitioners themselves have chosen to relax the provisions of Rule 5 of the said Rules, 2015 to recognize the right of the Medical Officers whose name appeared in the aforesaid orders for their placement on trainee reserve as Government sponsored candidates without issuing sponsorship certificates in favour of any of them, after their counseling and before their admission in the post graduate courses. Such action, according to Mr. Dhar, was not permissible under law. 15. Such action, according to Mr. Dhar, was not permissible under law. 15. We have heard the learned Counsels appearing for the respective parties at length and we have considered the facts and circumstances of this case. Placement of Medical Officers on trainee reserve as Government sponsored candidates are guided in the State of West Bengal by the provisions of the said Rules, 2015. The said Rules, 2015 have been framed in exercise of power conferred by Section 21 of the West Bengal State Health Service Act, 1990. 16. The matter of fixation of annual trainee reserve strength in the Department of Health and Family Welfare for West Bengal Health Services, West Bengal Public Health and Administrative Services, West Bengal Medical Education Services, Dental Service and Dental Education Services was not fixed by any of the provisions of the said Rules, 2015. Notification dated March 6, 2018 was issued by the order of the Governor of the State of West Bengal for fixation of permissible limit of post graduate trainee reserve every year/academic session for the officers of the above mentioned services in supersession of previous order/s in this regard. According to the above notification, strength of trainee reserve will be fixed as 10% of existing strength (not sanctioned strength) as on 31st December of previous year for any session/year. Trainee reserve will be allowed in order of merit to 10% of the existing strength as on 31st December of previous year. 17. Therefore, from the face of the above notification the source of power for issuing the above notification can be identified. It is issued by the order of the Governor of the State of West Bengal and the same is issued to inform the persons concerned of the policy decision taken by the Government of West Bengal to fill in the gaps in the area of wide discretionary powers conferred upon the administration. 18. On the other hand, the Addendum dated April 2, 2018 has been issued by the Principal Secretary to the Government of West Bengal, Department of Health and Family Welfare. 18. On the other hand, the Addendum dated April 2, 2018 has been issued by the Principal Secretary to the Government of West Bengal, Department of Health and Family Welfare. Though it was issued in continuation of the notification dated March 6, 2018 for the purpose of clarification of the provisions of paragraph 3 of that notification, neither from the above Addendum it appears that the same has been issued by the order of the Governor nor it is the case of the petitioners that it has been issued by the order of the Governor. Therefore, there is not even an iota of doubt that the same has not been issued by the order of the Governor. 19. There is no scope of taking a contrary view to that of the learned Tribunal that the strength of trainee reserve as fixed by virtue of the provisions of paragraph 3 of the notification dated March 6, 2018 has been reduced to 10% of permanent duty posts of existing strength as 31st December of previous order from 10% of the existing strength (not sanctioned strength) as on 31st December of previous year by issuance of the addendum. 20. We are of the considered view that the notification dated March 6, 2018 is a direction which has been issued to inform the persons concerned of the policy decision taken by the Government in the matter of fixation of annual trainee reserve strength of Medical Officers who have been discharging their functions under different wings in the Department of Health and Family Welfare. The Secretary to the Government of West Bengal, Department of Health and Family Welfare has no power to supersede the aforesaid policy decision of the Government of West Bengal which has been informed to the persons concerned by the above notification. No material is placed on record by the petitioners to substantiate that the Addendum in question is issued by the Principal Secretary to the Government of West Bengal Health and Family Welfare adhering to the Rules of Business or by the order of the Governor. No material is placed on record by the petitioners to substantiate that the Addendum in question is issued by the Principal Secretary to the Government of West Bengal Health and Family Welfare adhering to the Rules of Business or by the order of the Governor. Therefore, we find no error or infirmity in the finding of the learned Tribunal in this regard as the Addendum was not issued to supplement or clarify the notification dated March 6, 2018 but the same was issued to sub-plant the above notification by reducing the total number of availability of berths for placement of the Medical Officers under trainee reserve scheme as Government sponsored candidates. Or in other words the policy decision which has been taken by the Government was modified and/or changed. 21. Another aspect of the matter cannot be lost sight that after issuing Temporary NOC to the respondents and allowing them to participate in the selection process for admission in the post graduate courses after passing the NEET PG, 2018, the strength of annual trainee reserve was reduced. We do not find substance in the submission made by Mr. Banerjee in this regard that the Addendum dated April 2, 2018 was clarificatory in nature. At the cost of repetition, we find that the trainee reserve strength has been restricted by virtue of the Addendum in question only up to the extent of 10% of permanent duty post of existing strength, i.e., men in position as on 31st December of previous year in place of 10% of the total existing strength (not sanctioned strength) as on 31st December of previous year. 22. We also do not find any substance in the submission made by Mr. Banerjee that the Rules of Business permit the Secretary to the Government of West Bengal, Department of Health and Family Welfare to issue the Addendum, for the simple reason that the notification dated March 6, 2018 was issued by the order of the Governor meaning thereby the same was a direction issued for the purpose of informing the persons concerned of the policy decision taken by the Government. As discussed hereinabove the Addendum was not issued by the order of the Governor which makes all the difference so far as the natures of the directions are concerned. So, there is no scope of interference with the order impugned to this writ application on the above ground. 23. As discussed hereinabove the Addendum was not issued by the order of the Governor which makes all the difference so far as the natures of the directions are concerned. So, there is no scope of interference with the order impugned to this writ application on the above ground. 23. So far as the interpretation of Rule 5 of the said Rules, 2015 is concerned it is the settled principles of law that when a statutory provision does not contain a penal provision then the same is directory in nature. Reference may be made to the decision of Indian Medical Association vs. Union of India and Ors., reported in (2011) 7 SCC 179 and the relevant portion of the above decision is quoted below:- “69. Thus we find that the exemption granted by the Government of Delhi allowing ACMS to fill 100% of its seats by wards of army personnel violates the basic principles of democratic governance, of the constitutional requirement that the executive implement the specific and mandatory policy legislated by the legislature, and violates the provisions of Delhi Act 80 of 2007. In fact, the actions of the Government of Delhi, for the aforesaid reasons are wholly arbitrary, without any basis in law, and ultra vires. Section 14 of the said act specifies that any admission made in contravention of the provisions of the Act or the rules made thereunder, shall be void, and further Section 18 provides that those making admissions in contravention of the provisions of Delhi Act 80 of 2007 may be punished by imprisonment up to three years or a fine up to rupees one crore or both. Such provisions clearly demonstrate the intent of the legislature that its policy, as specified in the Act, and the purposes of the Act, not be derogated from in any manner. The said provisions of the Act are mandatory in nature. The Government of Delhi has clearly acted on the basis of a misplaced belief of its powers, under the Act, a misunderstanding of the statutory language of the Act, and its relevant provisions, and also in complete contravention of constitutional principles.” 24. As a corollary to the above settled principles of law and after scrutinizing Rule 5 of the said Rules, 2015 we do not find any penal provision for noncompliance of the above provision. As a corollary to the above settled principles of law and after scrutinizing Rule 5 of the said Rules, 2015 we do not find any penal provision for noncompliance of the above provision. Therefore, substantial compliance of that provision treating the above provision as directory is permissible. It will not be out of context to observe here that though sponsorship certificates have been issued in favour of 26 candidates out of those candidates whose names figured in the memorandum dated April 12, 2018. The same are withdrawn subsequently by the petitioners. As a consequence none of the eligible Medical Officers including those Medical Officers whose names have been figured in the memorandums dated April 12, 2018, April 20, 2018 and April 21, 2018 received certificate of sponsorship from the petitioner authority after being selected or being invited for counseling but before admission in post graduate courses. If the stand of the petitioners is upheld, the above Medical Officers whose names have figured in the above memorandums are also not liable for receiving certificate of sponsorship upon their placement on trainee reserve scheme as Government sponsored candidates. We do not find any justiciable reason as to why the provisions of Rule 5 of the said Rules, 2015 can be considered as mandatory for the respondents and at the same breath the above provision can be taken as directory for those Medical Officers whose names are appearing in memorandums dated April 12, 2018, April 20, 2018 and April 21, 2018 respectively. So, the order impugned to this writ application does not require interference on this ground also. 25. In view of the discussions and observations made hereinabove this writ application stands dismissed. 26. Since the time framed by the learned Tribunal for complying with its direction has already been expired the same stands extended for a period of two weeks from date. 27. There will be, however, no order as to costs. 28. Urgent photostat certified copy of this judgment, if applied for, be given to the parties, on priority basis. I agree. : Shampa Sarkar, J.