HC relief to Senior Resident Doctor Denied Leave, NOC to participate in NEET SS Counselling

Shimla: While considering a plea by a Senior Resident Doctor, who was denied a No Objection Certificate (NOC) and Extra Ordinary Leave by the Director of Health Services, Government of Himachal Pradesh to participate in the NEET Super Speciality Counselling, the High Court had termed it as "highly unjust and arbitrary".

Such observation was made by the HC bench comprising Justice Ranjan Sharma while considering a plea filed by a Senior Resident Dr. Sharma. The bench has directed the authorities to issue  "Final No Objection Certificate" in favour of the petitioner, to enable him participate in the Counselling and thereafter to undergo the Super-Speciality Course.

However, the HC bench clarified that the Grant of 'Final No Objection Certificate' shall be subject to the petitioner furnishing a Bond in terms of Clause 6 of the Policy dated 27.02.2019.

The concerned doctor is serving as a Senior Resident (General Surgery), in the YS Parmar Government Medical College, Nahan. After appearing in the NEET Super Speciality Examination 2023, conducted by the National Medical Commission, he cleared the exam and qualified for the counselling.

Thereafter, he applied to the Director of Health Services for issuance of NOC and Grant of Extra Ordinary Leave, to be enable to pursue higher studies of NEET Super Speciality Course.

However, the authorities neither acceded to his request nor conveyed a decision in this regard. On November 06, 2023, the petitioner was informed verbally that the NOC cannot be issued. Following this, he approached the HC bench seeking relief.

On the other hand, the Advocate General appearing for the State contended that as per the provisions of policies framed in this regard, no NOC is to be granted.

However, after going through the policies, the Court found that the NOC cannot be granted for a second post-graduation course which is not the claim of the petitioner.

The Court found that the action of the respondent in sleeping over the matter and neither considering nor conveying any decision thereon amounts to depriving the petitioner of his rights.

The Court observed that the fairness demanded that the respondents should have considered the case and passed an appropriate order. The Court further observed that the action of the State authorities is not only deplorable but at the same time has led to arbitrariness and perversity.

"Taking note of the contentions raised by the learned counsel for the petitioner as well as the learned Advocate General and after analyzing their respective contentions and on perusal of the pleadings and the documents [taken on record], this Court is of the considered view that prayer of the petitioner for grant of ‘No Objection Certificate’ and for grant of Extra-Ordinary Leave, for enabling him to participate in NEET-Super-Specialty Course (MCH and DNB-SS) Counseling (First Round) with effect from 18.11.2023 to 24.11.2023 and thereafter to seek admission and to pursue the aforesaid course, needs to be accepted/granted," it observed.

"The State Authorities are bound to carve out a balance vis-àvis the rights and claims of the petitioner to be considered for NEET-Super-Specialty Counseling and to get admission and to serve the State vis-à-vis the corresponding right of the State Authorities force the availability of man-power. In the instant case, once it is not the case of the State Authorities that they have negligible or deficient man-power in context of the petitioner, then, in such situation, the denial of ‘No Objection Certificate’ to the petitioner is unfair, arbitrary and is accordingly set-aside," it further noted.

The Court also addressed the contention of the Advocate General that in case 'No Objection Certificate' is granted, then one seat of Senior Resident in Dr. Y.S.Parmar Government Medical College, Nahan shall fall vacant. Referring to this, the bench observed that it "cannot be a ground to deny/withhold NOC of petitioner for the reason that occurring of seat of Senior Residency is an incidence of service, flowing from or is an outcome of the implementation of the existing “Twin Government Policies” is not tenable when after admission in NEET-Super-Specialty and after acquiring the Super Specialty Course-Degree, the State shall definitely be gainer in terms of the Four Years’ Bond and the acquiring of higher Degree/Qualification by the petitioner will certainly be advantageous and beneficial to the State also."

Therefore, the HC bench set aside the communication dated 21.10.2023 through which the authorities denied the final NOC and 'Extra-Ordinary Leave' and directed the authorities to issue NOC in favour of the petitioner forthwith and also hand over the original certificates of the petitioner, so as to enable him to participate in the Counseling.

To view the complete order, click on the link below:

https://medicaldialogues.in/pdf_upload/himachal-pradesh-hc-226274.pdf

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