HC upholds professor’s resignation from govt college to join IIT Kharagpur’s medical research centre

Kolkata: Upholding the resignation of an associate professor from a government medical college to join the Dr BC Roy Multi Speciality Medical Research Centre at the Indian Institute of Technology Kharagpur, the Calcutta High Court recently observed that the Health and Family Welfare department’s refusal to release him on the ground of shortage of personnel in the West Bengal Medical Education Services (WBMES) as “non est” in the eye of law.

The Division Bench of Justice Harish Tandon and Justice Madhuresh Prasad directed the authorities to accept the resignation and issue release within 24 hours. The writ petitioner resigned from the post of associate professor at College of Medicine and Sagar Dutta Hospital Kamarhati to join the research centre at IIT Kharagpur to the post of associate professor (radio-diagnosis). He tendered his resignation on November 4 last year before the Principal Secretary of the department. The resignation was with effect from December 1 to enable the professor to pursue his better prospects at a renowned institution. However, the Director of state Medical Education had rejected the resignation and the reason given was “acute shortage of vacancy under WBMES”.

He challenged the order at the West Bengal Administrative Tribunal. However, the judgement stated that the Tribunal failed to provide any efficacious remedy to the petitioner and since IIT has given last extension till April 30, the Division Bench of Calcutta High Court considered it an appropriate case to exercise their discretionary writ jurisdiction.

The Advocate General representing the state, tried to justify the decision to reject the resignation on ground of public interest. The Bench observed that this gives rise to a larger question as to who is responsible for accumulation of a large number of vacancies where the situation has become alarming. Another question considered by the Court was whether due to non-filling of posts by the authorities, the state can deprive its employees of a better career option.

In the judgement, it was mentioned the shortage in WBMES was consistently being taken to sustain refusal of the authorities in accepting resignation in at least four similar instances.

In all the four cases the Court considered the West Bengal Service Rules and consistently held that there is no absolute discretion vested in the appointing authority to refuse resignation once the application is made and the request is in terms of the West Bengal Service Rules.

“We thus record our dis-approval with the manner in which such legally unsustainable grounds are repeatedly being taken by the State to refuse resignation of employees serving the WBMES. By doing so, the State Government is consistently generating unwanted litigation at the cost of the public exchequer, that also to deny its employees what is due to them under the Service Rules,” the

Bench observed.