Allowed

Dr. Krishnendu Saha and Anr. v. State of West Bengal and Ors.

Calcutta HC23 Mar 2023WPA/1954/2023

Case brief

AI extract

What is this about?

Writ petition filed by registered Ayurvedic doctors challenging state notifications requiring fitness certificates only from Allopathic practitioners. Court held that Section 35(b) empowers registered Ayurvedic practitioners to issue such certificates. Directing respondent to stop infringing statutory rights.

What did the court decide?

Direction to respondent no.1 forbearing from issuing any notifications or memos curtailing Section 35(b) of The Paschim Banga Ayurvedic System of Medicine Act, 1961.

Dr. Krishnendu Saha and Anr. Vs State of West Bengal… — Service and Employment | Calcutta HC (2023)

¶1

23^rd March, 2023 (D/L No.16) (SKB)

¶2

W.P.A. 1954 of 2023

¶3

Dr. Krishnendu Saha and another Versus State of West Bengal and others

¶4

Mr. P. K. Das,

¶5

Mr. Kinjal Kr. Boral, Ms. Damayanti Nandi Kundu

¶6

… for the petitioners.

¶7

Mr. Nilotpal Chatterjee, Ms. Adreeka Pandey

¶8

… for the State.

¶9

The petitioners claim to be registered Ayurvedic Doctors holding requisite degrees in their field of qualification and practice.

¶10

The petitioners are aggrieved by memos issued by the Department of Health and Family Welfare Services of the State whereby candidates have been directed to obtain medical fitness certificate in the requisite format only from Registered Allopathic Medical Practitioner for the eligibility for admission in the seat allotted through Council.

¶11

Some of these Notifications have been placed before the court and include a Memo of 21^st October, 2022 issued by the Directorate of Medical Education requiring candidates to obtain fitness certificates in the prescribed format from a Registered Allopathic Medical Practitioner for being eligible for admission in the seat allotted through Council for the NEET UG 2022. There are similar Notifications including one of 18^th August, 2020 which also mentioned certificates of fitness from a Registered Medical Practitioner having at least MBBS degree.

¶12

¶13

Learned counsel appearing for the State respondents submits that the petitioners may file representation for permitting the State to take requisite steps in that regard.

¶14

After hearing learned counsel, it appears that the petitioners are already protected by The Paschim Banga Ayurvedic System of Medicine Act, 1961 whereunder Section 35(b) entails that a registered Ayurvedic Practitioner shall be entitled to grant a medical or physical fitness certificate required by any law or rule to be signed or authenticated by a duly qualified medical practitioner or medical officer.

¶15

The decision of the Delhi High Court in Integrated Medical Association (AYUS) Vs. Government of NCT of Delhi and others in W.P.(C) 9013 of 2021 has no relevance to the present case as the facts were entirely different.

¶16

W.P.A.1954 of 2023 is accordingly disposed of with a direction on the respondent no.1 to forbear from issuing any notifications or any other memos curtailing or diluting the effect of Section 35(b) of The Paschim Banga Ayurvedic System of Medicine Act, 1961 in any manner.

¶17

(Moushumi Bhattacharya, J.)

Dr. Krishnendu Saha and Anr. v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

Dr. Krishnendu Saha and Anr. v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sujata Sharma Vs the State of West Bengal and Ors.

Subhajit Mandal Vs State of West Bengal and Ors.

Tapan Biswas and Anr. Vs Punjab National Bank and Ors.

Dayananda Cold Storage Private Limited and Anr. Vs the State of West Bengal and Ors.

Manoj Toshniwal Vs Idbi Bank Ltd. and Ors.

Aditya Birla Finance Ltd. and Anr. Vs the Chief Judicial Magistrate,South 24PGS