BINDU KAUSHAL Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) This Letters Patent Appeal assails the order dated 17.08.2016 whereby learned Single Judge has dismissed the appellant's writ petition in which she sought a direction for issuance of 'No Objection Certificate' to her for admission to MD/MS Course against 60% in-service quota. The appellant has not been issued 'No Objection Certificate' for want of five years rural service in the State of Punjab. Her case is that since she has been appointed to Punjab Health Services as a PCMS Doctor on 'Transfer Basis' from the Health Department, Haryana and she has already served in rural area for more than six years in Haryana State, she should be treated eligible for the subject admission.

(2.) It is not in dispute that the appellant served in the State of Haryana for 9 years as a HCMS Doctor, out of which 6 years was in the rural area. Thereafter she was appointed in Punjab Health Services by way of transfer and now she is serving as a PCMS Doctor. She applied for admission to MD/MS Course under 60% in-service quota and as per her merit, she has got admission in MD (Anesthesia) since 18.05.2016. Her parent department in State of Punjab however, declined to issue 'No Objection Certificate' on the premise that she has not worked for five years in rural area after her appointment in State of Punjab. It may be noticed that for the purpose of admission against 60% in-service quota, it is one of the eligibility condition that the incumbent must have served in the rural area for five years.

(3.) In this backdrop, the question that arises for consideration is whether the service rendered by appellant in 'rural area' of Haryana is sufficient to earn eligibility for admission to MD/MS Course in the State of Punjab