Dr. Santosh N. H. And ANR., v. State Of Goa, Through The Chief Secretary And 4 ORS.,

IN THE HIGH COURT OF BOMBAY AT GOA

CIVIL APPLICATION NO. 38 OF 2015 IN WRIT PETITION NO. 120 OF 2015 DR. SANTOSH N. H. AND ANR., ... Applicants

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STATE OF GOA, THROUGH THE CHIEF SECRETARY AND 4 ORS., ... Respondents Mr. S. S. Kantak, Senior Advocate with Mr. Abhijeet Kamat, Advocate for the applicants.

Mr. D. Lawande, Government Advocate with Mr. Salvador Santosh Rebello, Additional Government Advocate for the respondents no.1 to 3.

Coram:- F. M. REIS & K. L. WADANE, JJ.

Date:- 10th March, 2015 P.C.

Heard Mr. S. S. Kantak, learned Senior counsel appearing for the applicants and Mr. D. Lawande, learned Government Advocate appearing for the respondents no.1 to 3.

2. The applicants have filed the above application inter alia seeking for a No Objection Certificate from the respondent no.4 to unable the applicant no.1 to obtain an allotment letter from the NBE in New Delhi and thereafter to complete the formalities of admission in P. D. Hinduja Hospital at Mumbai.

3. We have heard the learned Senior Counsel appearing for the applicants as well as the learned Government Advocate appearing for the respondents.

CA/38/2015

4. By an ad-interim order passed on 26.2.2015, we have facilitated the appearance of the applicants for counseling before NBE at New Delhi.

5. It is now reported by the learned Senior Counsel appearing for the applicants that applicant no.1 was successful and has been asked to report to the NBE at New Delhi on 11.3.2015 with NOC to obtain allotment letter and thereafter within one week to the college with requisite documents for admission.

6. The Petition has already been fixed for hearing after service is complete on the newly added respondent no.5 who has apparently not been served.

7. Considering the urgency in the matter and in the interest of justice, we find it appropriate without prejudice to the rights and contentions of the parties to pass following as far as the applicant no.1 is concerned.

O R D E R i. The respondent no.4 shall issue the requisite No Objection Certificate to the applicant no.1 to facilitate its production to NBE at New Delhi on 11.3.2015 preferably by today.

ii. The applicant no.1 shall thereafter complete the formalities of admission in the said college within one week. iii. The applicant no.1 shall continue in service of the GMC and report for duty immediately thereafter.

iv. The applicant no.1 shall not join the said college without seeking permission from this Court.

CA/38/2015 v. The above arrangement is subject to further orders in the above Writ Petition.

vi. The relieving letter or any other documents shall be released subject to further orders in the petition.

8. Application stands disposed of accordingly. Liberty to the applicant no.2 to apply.

K. L. WADANE, J.

F. M. REIS, J.

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