The Calcutta High Court recently granted permission for a government doctor to resign from their position in order to participate in the forthcoming Lok Sabha elections of 2024.

Justice Rajasekhar Mantha, presiding as a single judge, expressed that when an individual seeks to run for election to the position of a public representative, they are inherently considered as someone aspiring to represent the broader public interest.

The Court was addressing a petition filed by Dr. Pranat Tudu, a doctor employed at Jhargram Government Medical College and Hospital, who had tendered his resignation to contest the Lok Sabha elections. Despite his resignation, the State government refused to accept it. Consequently, Dr. Tudu approached the High Court, seeking an order compelling the State government to acknowledge his resignation.

However, the government pointed out that according to Clause 14 of the West Bengal Service Rules, the notion of public interest must be taken into account.

"On the issue of public interest being the primary consideration under Clause 14, apart from the same being directory, this Court is of the view that when any person seeks to contest an election to the post of a public representative, he is deemed as a person seeking to represent the public at large. There is therefore, deemed public interest in a person seeking to contest in an election and to be a representative of the people," the judge observed in the order passed on March 22.

Furthermore, the Court observed that Clause 14 prohibits a government employee who has taken study leave from resigning from their position. The clause stipulates that such an individual must reimburse the expenses incurred during the period of study leave.

The bench, however, expressed the view that the determination of any financial obligations under Clause 14 could be addressed at a later stage.

Further, the court disposed of the petition

Advocates Billwadal Bhattacharyya, Sayak Chakraborti, Anish Kumar Mukherjee and Wrickbrata Roy appeared for the Petitioners. 

Senior Advocate Amal Kumar Sen and Advocate Ashima Das (Sil) represented the State.