CWP No.11271 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.11271 of 2011 Date of decision:12.08.2011 Dr.Naresh Dahiya ..... Petitioner Versus State of Haryana and others ..... Respondents CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr.D.S.Patwalia, Advocate for the petitioner. Ms.Shruti Jain, AAG, Haryana for respondent No.1. Mr.Ramesh Hooda, Advocate for respondents No.2 and 3. ***** RAJIVE BHALLA, J. (ORAL) This order shall be read in continuation of orders dated 28.06.2011, 28.07.2011 and 02.08.2011. The petitioner, in the present writ petition, prays for issuance of a writ in the nature of certiorari for quashing order dated 25.06.2011 (Annexure P-11), issued by Pt.B.D.Sharma University of Health Sciences, Rohtak, Haryana, declining him admission in M.D. Anesthesiology. In response to a query addressed to the State of Haryana, as to the right of a candidate, to be selected for a Postgraduate Degree Course in a stream other than the stream in which he has passed a Postgraduate Diploma, counsel for the State of Haryana, states, on instructions, that the State has no objection, if the petitioner is selected, CWP No.11271 of 2011 -2- by the University, for the Postgraduate Degree Course, other than the course in which he has passed his Postgraduate Diploma. Counsel for the State of Haryana, however, points out that in this situation, the petitioner would have to comply with terms and conditions of the policy that requires such a candidate to proceed on extraordinary leave without pay though without affecting his service, increments, seniority and pension. It is further submitted that such a candidate may, however, be entitled to a stipend, if available in the institution. Counsel for the University submits that as the University is bound by the policy framed by the State of Haryana, he has nothing to say in the matter. Counsel for the petitioner states that in view of the statement made by counsels for the State of Haryana and the University, the writ petition deserves to be allowed, the order declining admission to the petitioner in M.D. Anesthesiology should be set aside and the University may be directed to formalise the petitioner's admission in M.D. Anesthesiology. In view of the statements made by counsel for the respondents, the writ petition is allowed, order dated 25.06.2011 (Annexure P-11), is set aside and the University is directed to forthwith formalise the petitioner's admission in M.D. Anesthesiology subject, however, to the petitioner complying with such other conditions as may be required under the policy framed by the State of Haryana. This order, however, shall not be construed to be an CWP No.11271 of 2011 -3- expression of opinion on the validity of the clause requiring the petitioner to obtain extraordinary leave without pay etc. 12.08.2011 [RAJIVE BHALLA] shamsher JUDGE