MEENA NITHARWAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant petition has been filed by the petitioner challenging the Circular dtd. 7/7/2021 issued by the Dean and Controller, Jhalawar Medical College and attached Hospital, Jhalawar (the respondent No.4) to the extent of prescribing five years regular and continuous service for the purpose of seeking No Objection Certificate (NOC) for pursuing higher studies. The petitioner also seeks a direction for issuing NOC after considering her eligibility of three years regular service on the post of Senior Demonstrator for the purpose of her admission in PG Medical College, as per her merit in OBC category.

(2.) The brief facts of the case are that the petitioner after completion of MBBS was appointed on the post of Senior Demonstrator in the office of respondent No.4 on 22/6/2018 and since then she has been serving there continuously without any break. The office of Chairman, NEET PG Admission/Counselling Board, 2021 issued Instruction Booklet for the State Medical PG Seats (MD/MS) Allotments-2021 and the petitioner applied and submitted online application form to appear in the NEET PG Examination, as she claims to have fulfilled the educational qualification and other eligibility criteria, prescribed in the Instruction Booklet.

(3.) The petitioner appeared in the said examination and result thereof was declared on 29/9/2021. The petitioner, after NEET PG Examination, registered herself for counselling and also deposited the required fee and appeared in the counselling for document verification on 19/1/2022 but the Counselling Board declared the petitioner ineligible to allot the seat in the PG Course on the ground that she was not having NOC issued by her employer and when the petitioner appeared before the respondent No.4 to issue NOC, the same was denied to her on the ground that as per the circular dtd. 7/7/2021, she has not completed five years of service and as such the petitioner was not allotted any seat.