Deemed Public Interest In Seeking To Contest Elections To Represent Public: Calcutta HC Allows Govt Doctor's Resignation To Contest Lok Sabha Polls

The Calcutta High Court has recently allowed the resignation of a government doctor, who sought to resign from his position to contest as a candidate in the upcoming Lok Sabha parliamentary elections. 

In taking note of the statutory regulations around the petitioner's case, a single bench of Justice Rajasekhar Mantha held:

On the issue of public interest being the primary consideration under Clause 14 (West Bengal Service Rules), 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 anelection and to be a representative of the people.

Petitioner was serving as a doctor in Jhargram Government Hospital and had written to the state authorities about his desire to resign, but had not heard back from them, even though he was not serving any government bond obligation period.

It was submitted that if the state did not accept his resignation in time, the petitioner would not be able to campaign for his election.

Counsel for the State argued that the petitioner had not allowed the authorities enough time to consider his application. It was argued that the petitioner had suppressed material facts in his resignation proforma since he had been allowed study leave for which he was drawing salary, and even if he did not have a government bond, he would have to refund the amounts drawn by him during the study leave.

It was further argued that under Clause 14 of the West Bengal Service Rules, the concept of public interest would be vital to invoke any benefit. It was stated that the petitioner could not claim permanent discharge by resignation from service of the state. 

Counsel for the petitioner argued that the petitioner had not suppressed any material facts in the proforma attached to his resignation, and this submission was accepted by the Court.

On the functioning of Rule 14 of the Sevice Rules, the Court held that the question of public interest in the petitioner's case would be sufficiently satisfied since contesting polls to serve the public at large would be deemed to be in the public interest.

In the above circumstances, the Court directed the state authorities to accept the petitioner's resignation.

Citation: 2024 LiveLaw (Cal) 76

Case: Dr Pranat Tudu v State of West Bengal

Case No: WPA 8647 of 2024

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