Calcutta HC sets aside transfer order of RG Kar protest leader: ‘State made serious wrong’

Mahato was one of the prominent faces of the protest over the rape-murder of a junior doctor at RG Kar Medical College in August last year.

The single bench of Justice Biswajit Basu observed that R G Kar was Mahato’s “first choice posting”, which he had mentioned during his counselling session. Justice Basu, further observed that the counselling session for determining the place of postings for senior resident doctors loses its relevance if the “first choice” is not considered.

The three had contended that they were transferred to district hospitals barely three months after getting their first postings in February — when Halder was posted at Howrah, Mahato at Hooghly, and Naiya at Kolkata. Though Halder and Naiya have joined their respective posts, Mahato was yet to join.

Not satisfied with the decision, the state government’s  counsel appealed that the order be stayed till October 7. However, Justice Basu rejected this plea. “This court holds that the decision of the State clearly violates the principle, thereby the state has committed a serious wrong which needs intervention. The impugned notifications are set aside. The Department is ordered to deploy the petitioner to R G Kar in immediate effect,” Justice Basu observed.

Welcoming the High Court’s decision, Mahato said the judgment vindicated their claim that the decision to transfer him was “politically motivated”.

Speaking to The Indian Express, Mahato said, “We had said in the beginning that it was done out of political vindictiveness with no logical explanation. This was only being done to suppress the fight for justice for the RG Kar victim. We want this vindictiveness to stop and would like to say that no oppression can stop our fight for justice.”

“The High Court rightly raised the issue as to why two people out of 871 had been picked up for transfer. Why were the SOPs violated? We had earlier pointed out that there was a lack of transparency, but the high-handed, arrogant administration was transgressing all limits in taking such a decision,” he said at a press meet.