A high court division bench said “there is no need for any interim stay” on the cancellation of admission of 515 doctors to postgraduate courses as the matter will be disposed of “soon”.
The West Bengal University of Health Sciences had appealed to the division bench of Justice Jyotirmoy Bhattacharya and Justice Ishan Chandra Das against an order of Justice Ashok Kumar Dasadhikari of the court, cancelling the admissions over an alleged software glitch in the online counselling process.
The university also sought an interim stay on Justice Dasadhikari’s order so the doctors who have been admitted can attend classes till the case is disposed of.
“Considering the urgency of the case, this bench has decided to dispose of the case soon. So there is no need for any interim stay. We will dispose of both the application (for an interim stay) and the appeal together. The final hearing of the case will take place on Thursday. After that we will pass the final order,” Justice Bhattacharya said on Monday.
D.N. Maity, who is appearing for the university, reiterated during Monday’s hearing that there was no fault with the counselling software as alleged by Soma Chowdhury, a candidate who could not complete the counselling and moved court.
Maity pleaded with the division bench to set aside Justice Dasadhikari’s April 8 order, that struck down the admissions after a librarian deputed by the university to explain how the software worked failed to prove in court that there was nothing wrong with it.
“The petitioner is holding a diploma. A diploma-holder cannot apply for another diploma,” Maity submitted. “That was the reason why the system had not allowed her to complete the process of counselling.” The petitioner had ranked 491 in the West Bengal Postgraduate Medical Admission Test. The candidates who clear the test can study a postgraduate degree or a postgraduate diploma course.
“Even if she had completed the counselling, there was no way she could have qualified for a diploma in a field of her choice because of her rank,” Maity submitted. “Because of the order, the future of other meritorious students are at stake.”
Justice Dasadhikari had mentioned in his order that the university had sent “a librarian with a laptop” to his court to explain a technical matter. “The single-judge bench had mentioned that the university had sent a librarian when he asked for a software expert. But in reality the librarian is a software expert,” Maity submitted.
Against the order of Justice Dasadhikari, the university had moved the appeal along with a stay application on Friday, which came up for hearing before the division bench.
Appearing for the state government, additional government pleader, Tapan Mukherjee supported Maity’s submission.
Advocate Saptangshu Basu, who is appearing for the doctors who have been admitted, pleaded that his clients be made a party to the case. The prayer was granted.
Later in the day, the candidates who have been admitted met officials of the heath sciences university.
“We are keeping our fingers crossed. The university tells us that they are sure our admissions will not be cancelled as Monday’s hearing went very well,” said a candidate on the condition on anonymity.
Calcutta police has taken custody of N.K. Rajghoria, in connection with a fraud case. He was earlier lodged in Tihar jail in connection with a bank fraud in Delhi.
Police said Rajghoria cheated R. Piyarelall Import and Export Limited, a city-based firm, of Rs 8.75 crore in 2009.