Dr. Kuljit Kumar v. State Of Haryana And Others

2023:PHHC:129499

IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH

Sr. No.: 112 Civil Writ Petition No.21614 of 2023 Date of Decision: October 06, 2023 Dr. Kuljit Kumar ..... PETITIONER(S)

VERSUS

State of Haryana & others ..... RESPONDENT(S) . . .

CORAM:

HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA . . .

PRESENT: - Mr. Shvetanshu Goel, Advocate, for the petitioner. Mr. Ravi Pratap Singh, Deputy Advocate General, Haryana.

. . .

Tribhuvan Dahiya, J (Oral) This petition has been filed for issuance of a writ of mandamus directing the respondents to issue No Objection Certificate (NOC) to the petitioner to enable him to apply for the post of Additional Professor in the Department of Orthopedics at AIIMS, Deoghar, pursuant to Advertisement No.AIIMS/DEO/RECT.CELL/2023-24/6275/Phase-3 dated 21.08.2023.

2.

Learned State counsel, on instructions, submits that the NOC dated 03.10.2023 has been issued to the petitioner to enable him to apply for the advertised post.

3.

Learned counsel for the petitioner does not dispute the fact. He, however, submits that NOC issued is not in the prescribed format, which is a part of the advertisement and uploaded on the AIIMS website. The AVIN KUMAR 2023.10.06 17:39 I attest to the accuracy and integrity of this order/judgment.t

2023:PHHC:129499 CWP No.21614 of 2023 [2] apprehension is that NOC, dated 03.10.2023 might not be accepted by AIIMS when the same is presented to the authorities at the time of interview; resultantly, the petitioner will be precluded from appearing in the interview causing irreparable loss to him. He has already submitted a representation, dated 04.10.2023, to respondent No.4 requesting to re-issue NOC in the prescribed format, attached therewith. Advance copy of the same has been given to Additional Chief Secretary, Department of Medical Education and Research, Government of Haryana.

4.

Learned State counsel submits that the representation, dated 04.10.2023, will be decided by respondent No.1, within a week. 5.

In view thereof, the instant petition is disposed of with a direction to respondent No.1/ Additional Chief Secretary, Department of Medical Education and Research, Government of Haryana, to consider and decide the pending representation, dated 04.10.2023, and re-issue the NOC in the prescribed format unless legally untenable, within a period of one week from the date of receiving a certified copy of this order. (Tribhuvan Dahiya) Judge October 06, 2023 avin Whether Speaking/ Reasoned:

Yes/ No Whether Reportable:

Yes/ No AVIN KUMAR 2023.10.06 17:39 I attest to the accuracy and integrity of this order/judgment.t