DEEPAK SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Prayer in this petition is for issuance of a writ of Mandamus for grant of No Objection Certificate (hereinafter referred to as NOC) to the petitioner who is working as a Medical Officer with the Respondent-State of Haryana and was eligible to compete for admission to M.D./M.S. Postgraduate Diploma. He competed under the category of HCMS and secured the first position in the merit list. Otherwise being eligible, the only objection which was raised by the Pt.B.D.Sharma University of Health Sciences, Rohtak-respondent No.2, was that the petitioner had not obtained NOC from his employer i.e. the Government of Haryana and, therefore, was not granted admission in the Course. Petitioner approached the respondents on various occasions for grant of NOC but the same was denied to him by taking a ground that the disciplinary proceedings against him have been proposed to be initiated.

(2.) No chargesheet was issued and when the petitioner was not being granted the NOC, he approached this Court by way of the present writ petition. When the writ petition came up for hearing on 28.3.2011, this Court while issuing notice of motion permitted the petitioner to appear in the counselling scheduled for 6.4.2011 provisionally, subject to his righs in the writ petition.

(3.) Petitioner did appear in the counseling and was admitted provisionally but formal admission could not be granted to him as he had not submitted the NOC which was required and sought by Pt.B.D.Sharma University of Health Sciences, Rohtak-respondent No.2. The case further came up for hearing on 29.6.2011 when the State Government made a statement in Court that the Government of Haryana would take a decision with regard to initiation of proceedings against the petitioner shortly and accordingly sought time. It was further stated by him that no admission will be granted to any student against the seat of M.D. Radio Diagnosis offered to the petitioner. The case remained pending in this Court and ultimately, vide a decision dated 27.12.2011 (Annexure P-13), the respondent-State had decided to file proposed disciplinary proceedings against the petitioner by treating the absence period from 6.5.2010 to 10.8.2010 as extraordinary leave. On the basis of this decision taken by the Government, NOC was issued to the petitioner by the Director General Health Services, Haryana on 2.1.2012 (Annexure P-14).