Vipul & ORS v. State Of Punjab & ORS
{1}
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH Date of decision:24.10.2019 Dr. Vipul and others ... Petitioners Vs.
State of Punjab and another ... Respondents CWP No.5690 of 2016 Dr. Navdeep Kaur ... Petitioner Vs.
State of Punjab and another ... Respondents CWP No.5814 of 2016 Dr. Tanya Gill ... Petitioner Vs.
State of Punjab and another ... Respondents
CORAM:
HON'BLE MR. JUSTICE AMIT RAWAL Present:- Mr. R.K.Malik, Senior Advocate with Mr. Sandeep Dhull, Advocate for the petitioners (in CWP No.4594 of 2016). Mr. Rajesh Sethi, Advocate for the petitioner (in CWP No.5814 of 2016).
Mr. Kulbhushan Soi, Advocate for the petitioner (in CWP No.5690 of 2016).
Mr. Vikas Mohan Gupta, Addl. A.G.Punjab.
Mr. K.S.Dadwal, Advocate for respondent no.2 (in CWP Nos.4594 and 5690 of 2016) for respondent no.3 (in CWP No.5814 of 2016).
{2} AMIT RAWAL J. (Oral) This order of mine shall dispose of three writ petitions bearing Nos.4594, 5814 and 5690 of 2016.
On 27.08.2019, this Court directed University i.e. Baba Farid University of Health Sciences, Faridkot to bring the result of petitioners in a sealed cover. The same was brought on record as Mark 'A' as noticed in the order dated 03.09.2019.
Mr.R.K.Malik, learned senior counsel assisted by Mr. Sandeep Dhull, Advocate (in CWP No.4594 of 2016), Mr. Rajesh Sethi (in CWP No.5814 of 2016 and Mr. Kulbhushan Soi, (in CWP No.5690 of 2016) learned counsels appearing on behalf of the petitioners submits that until and unless the result is not opened, predicament of petitioners would be writ large, if by chance, they have not able to clear the examination, would be able to take supplementary chance as per rules and thus, requested the Court to see the result of petitioners.
On directions of this Court, sealed result was opened by the Court Secretary and on examination of same, three petitioners named Vipul, Navdeep Kaur and Tanya Gill have passed the examination whereas Amoldeep Kaur did not appear in examination and Jaspal Kaur has failed in practical.
Grievance of the petitioners in all writ petitions is plain and simple that while working as Medical Officers in Health and Family Welfare Department sought the permission/'No Objection Certificate' for pursuing the higher education i.e. M.D/M.S./PG Diploma Courses but left in
{3} lurch compelled to approach this Court.
This Court, vide order dated 04.04.2016, granted permission to the petitioners to be considered, for admission, provisionally, subject to the final decision of writ petitions. The State in reply through Dr. Avneet Kaur, Director, Health and Family Welfare, Punjab on behalf of respondents in CWP No.5814 of 2016 enclosed copies of orders dated 04.07.2019 and 18.07.2019 as Annexures R-1 and R-2, respectively, whereby, formal 'No Objection Certificates' for joining PG Course after selection have been issued to all the petitioners.
Faced with this situation, learned counsels appearing on behalf of the petitioners submitted that in view of the stand taken in the reply, grievance of the petitioners has been vindicated. Mr. Malik, learned senior counsel submits that Jaspal Kaur, is one of the petitioners in CWP No. 4594 of 2016 shall be taking the chance of re-appearing, if permissible in law.
The respondent-University is directed to formally declare the result of all petitioners effective from the date of other candidates whose result had already been declared.
Writ petitions are disposed of.
(AMIT RAWAL) JUDGE October 24, 2019 savita Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No