01.09.2026 Court No.13 Item No.2 AP MAT 1444 of 2026 With CAN 1 of 2026 Tanmay Layek and Ors. Vs. State of West Bengal and Ors. Mr. Sourajit Dasgupta Mr. Sutosom Bhattacharyya … For the Appellants. Mr. Arijit Kumar Mishra, AGP Ms. Amrita Pandey Ms. Puja Sonkar … For the State. Mr. Indrajeet Dasgupta Mr. Guddu Singh … For the Union of India. Mr. Koushik Chatterjee Mr. Mousam Sharma … For the Respondent No.3, 6, & 7. 1. The Director of Medical Education, Government of West Bengal has submitted a “Statement of Fact”, which is undated and unsigned. 2. It appears that the three appellants have been allotted internship slots in private medical colleges. This fact was not brought to the notice of this Court when the matter was taken up for hearing on 28th August, 2026. Had this fact been disclosed, this Court would not have passed the order dated 28th August, 2026 or fixed the matter today on the ground of extreme urgency. 3. The said offer to the appellants is contained in an order dated 19th June, 2026 passed by a Single Bench of this Court as an interim measure. The said order is not placed before this Court on 28th August, 2026. 2 4. Mr. Sourajit Dasgupta, learned counsel for the appellants submits that his clients wanted internship in government medical colleges not private medical colleges. 5. This Court had already referred to a notification dated 10th March, 2026 issued by the National Medical Commission under which internships are allotted to both Government and private medical colleges. 6. The appellants have clearly misled this Court by suppressing material facts in the course of arguments. A vital document indicating that the appellants have been permitted to undergo counseling at the private medical colleges for internship has been suppressed before this Court. It is not even clear as to whether the appellants have joined such internship as on date. 7. In the light of the above, this Court is of the view that the appeal would not have been entertained or admitted had the Court been apprised that the appellants were offered internship in private medical colleges. The appellants want to intern in Government Medical Colleges. The appellants being Foreign Medical Graduates (FMGs) cannot pick and choose whome they want to do internship particularly given their respective ranks (the appellant No.1, Tanmay Layek, was ranked 305; the appellant No.2, Samprikta Nayak, was ranked 359; and the appellant No.3, Swarnava Chowdhury, was ranked 270). 3 8. In the light of the above, MAT 1444 of 2026 shall stand dismissed with costs assessed at Rs.10,000/- (Rupees Ten Thousand Only) payable separately by each of the three appellants. The costs of Rs.10,000/- is payable by the appellant No.1 Tanmay Layek to the National Medical Commission. The costs of Rs.10,000/- is payable by the appellant No.2 Samprikta Nayak to the West Bengal Medical Council. The costs of Rs.10,000/- is payable by the appellant No.3 Swarnava Chowdhury to the Union of India. The payment of costs shall be condition precedent for the appellants to join or continue the internship at such private medical colleges. 9. In view of the dismissal of the appeal, CAN 1 of 2026 is also dismissed. 10. Let the names of Mr. Indrajeet Dasgupta, advocate and Mr. Guddu Singh, advocate stand recorded in the order dated 28th August, 2026 as having represented the “Union of India”. 11. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Rajasekhar Mantha, J.) (Anuj Singh, J.)