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Judgment
Anoop Chitkara, J
The petitioner, who is working as GDO with the respondents and after completing his MBBS, and had also completed his Post Graduation in Pediatrics in the year 2016, has come up before this Court, seeking grant of NOC to appear in the Entrance Examination of DM/M.Ch. Course, conducted by the Postgraduate Institute of Medical Education and Research (PGIMER), Chandigarh, scheduled for 21.6.2020, because he would be required to join on 31.7.2020, and would be completing his four years of service with the respondents on 30.7.2020 i.e., one day earlier from the scheduled date, and thus would be complying with the requirements of Clause 6.1 of the notification dated 3.10.2017.
In response, the State has placed on record written instructions, which reveal that the respondents have rejected the petitioner's application for issuance of NOC and Sponsorship (Annexure P-6) vide a separate order dated 16.6.2020.
The Department of Health and Family Welfare of the Government of Himachal Pradesh had issued a notification dated 27.2.2019 (Annexure P-2), which superseded all the previous announcements, and had laid down PG/Super Specialty Policy, after now called as 'Policy', for regulating the admissions to various Post Graduation and Super Specialty courses in Medical Education applicable in the State of Himachal Pradesh.
Clause 11.1.2 of the Policy empowers the State to offer sponsorships to the candidates, who wish to pursue super specialty courses, as per the terms and conditions of policy.
Clause 6.1 of this Policy clarifies that every GDO, whom the Government may sponsor under Clause 11.1.2 to pursue Post Graduation, must have served the State of Himachal Pradesh for at least four years, including the mandatory first year of field posting.
It remains undisputed before us that the petitioner would be completing four years of his service as per Clause 6.1 of the Policy on 30.7.2020.
In case this Court does not grant the interim relief to the petitioner, then the very purpose of filing the writ petition would be defeated, and the petitioner would suffer irreparable loss because the time for appearing in the Entrance Examination would be over.
Without venturing into the factual matrix and without interpreting the Policy, we propose to dispose of this writ petition, by directing the respondents to issue a provisional NOC to the petitioner by 5:00 p.m., on 18.6.2020, to enable him to appear in the Entrance Examination mentioned at Sr. No.4 of Annexure P- 3/A, scheduled for the evening shift of 21.6.2020.
Given above, we dispose of the present petition, by directing the concerned respondent to issue provisional NOC in favour of the petitioner. We clarify that this NOC is only provisional, to make the petitioner appear in the examination, as mentioned in Annexure P-3/A, and shall not confer any legal rights upon the petitioner.
This Court further clarifies that the rejection of the application for NOC was only on the ground that the petitioner has yet not completed four years of his service as per Clause 6.1 of the Policy mentioned above. The respondents had not considered the application for NOC in the light of Clause 11.1.2 of the Policy mentioned above. Accordingly, we leave it open for the respondents to consider the grant of NOC/ Sponsorship, by taking into consideration that the petitioner had completed four years of his service as per Clause 6.1. Consequently, the petitioner may appear in the examination mentioned above. If he qualifies, then he may apply to the respondents for grant of permission as per notification dated 3.10.2017, especially in the light of Clause 11.1.2 of the Policy. Once the petitioner makes such a request, it shall be open for the respondents to make an independent decision, based on the terms and conditions of this Policy.
The petitioner shall also have the liberty to take legal recourse for redressal of his grievances, if any. The pending miscellaneous application(s), if any, also stand disposed of. The Court Master to supply authenticated copy of the order to the parties, if they ask for the same.