22.07.2026 rc/ct.no.15 Item No.13 WPA No. 15741 of 2026 Dr. Subir Banerjee Versus The State of West Bengal & Ors. Mr. Dilip Kumar Chatterjee Mr. Durga Bhusan Mukherjee ..for the petitioner Mr. Indrajit Roy Chowdhury Mr. Jaydipta Mandal Mr. Aniruddha Singh …for the State The fact of the case is recorded in the order passed on July 15, 2026. It is not in dispute that the petitioner has a Diploma in Homeopathy Medicine (DHM/DMS) and rendered voluntary service as an homeopathic doctor in Radhamohanpur Gram Panchayat, Bankura in terms of the resolution taken by the Gram Panchayat on March 18, 2015. It is also admitted that the petitioner applied for the post of part time medical officer in the said Panchayat in terms of the notifications dated May 23, 1988 and July 17, 2015. The petitioner was the only candidate at the Panchayat level who applied for the said post. The notifications indicate that the qualification of the part time medical officer shall be DMS or equivalent. A guideline for engagement of AYUSH Doctor in the Gram Panchayat Level Dispensary under NRHM was issued on February 22, 010. In the order impugned passed by the Principal Secretary, Health and Family Welfare Department, Government of West Bengal, it is held that the guidelines for engagement of AYUSH Doctors in the Gram Panchayat Level Dispensary under Radhamohanpur Gram Panchayat falls under State budget aided Gram Panchayat Level Dispensary and not under NRHM. The guidelines of February 22, 2010 are not applicable in the present case. However, the State authority has also recorded that after the death of the erstwhile medical officer, the post had fallen vacant and notification dated July 17, 2015 was floated for recruitment to the said post. The petitioner was one of the 16 candidates who applied for the post. No selection process was conducted subsequent to the said recruitment notification and the petitioner’s engagement was approved on the ground that he provided honorary service at the Panchayat. The petitioner’s prayer was turned down on such score. The notification dated July 17, 2015 does not demonstrate any specific selection process. It appears from the said notification that the candidate should be registered in part A of the Register of Homeopathy Practitioners maintained by the Council of Homeopathy Medicine (DMS or equivalent). The engagement/selection was to be made as per the departmental notification which also demonstrates that the educational qualification of the part time medical officer shall be DMS or equivalent. No other recruitment process has been enumerated in the notifications. Since the petitioner has the requisite qualification for being engaged as part time medical 2 practitioner in the Panchayat and also possesses sufficient experience in the said post, this Court is inclined to hold that he is entitled to be selected for the post. Accordingly the order impugned passed by the Principal Secretary, Health and Family Welfare Department, Government of West Bengal on December 12, 2025 is set aside. The Pradhan, Radhamohanpur Gram Panchayat, being the 8th respondent herein, is directed to engage the petitioner as part time medical officer in the said Panchayat in terms of notifications dated May 23, 1988 and July 17, 2015 subject to compliance of all requisite formalities by the petitioner. The entire exercise shall be completed within six weeks from the date of communication of this order. The writ petition is disposed of. There shall, however, be no order as to costs. Since no affidavit is invited, the allegations contained in the writ petition are deemed not to have been admitted. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Suvra Ghosh,J) 3