CWP No.19257 of 2007.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.19257 of 2007 Date of Decision: 31.03.2010 **** Dr. Rajan Kumar and others . . . . Petitioners VS. State of Punjab and others . . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Dr. Balram Gupta, Senior Advocate with Mr. Shireesh Gupta, Advocate for the petitioners Ms. Charu Tuli, Sr. DAG, Punjab ***** SURYA KANT J. (ORAL) (1). The petitioners are members of the Punjab Civil Medical Services (PCMS)-II. They were selected for Senior Residency in the Government Medical Colleges in the State of Punjab for three-years’ tenure. After completion of that Three-year Senior Residency, the Directorate of Medical Education and Research has again selected them for another tenure of three-years’ as Senior Residents. The petitioners resumed the 2nd tenure in November, 2007. The Government of Punjab in the Department of Health and Family Welfare i.e. the parent Department of the petitioners, however, CWP No.19257 of 2007.doc - 2 – passed an order dated 26.11.2007 (Annexure P9), Clause 2 whereof, reads as follows:- xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx 2. The tenure of Sr. Residency shall be of three years as hitherto but in no case a Doctor would be allowed to do Sr. Residency more than once. xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx (2). Pursuant to the said policy-decision, the Health and Family Welfare Department has passed yet another order dated 12.12.2007 (Annexure P10) observing that the Department of Medical Education and Research has adjusted the petitioners and some other Senior Residents in excess to the maximum tenure and that too without any ‘No Objection Certificate’ from by the Department of Health and Family Welfare. The petitioners were accordingly directed to join their parent Department by 14th December, 2007. (3). Aggrieved the petitioners have approached this Court. (4). Vide an order dated 20.12.2007, the operation of the impugned order dated 12.12.2007 (Annexure 10) was stayed by this Court. Resultantly, the petitioners are continuing as Senior Residents and are near to the completion of their 2nd tenure of Senior Residency in the month of November, 2010. CWP No.19257 of 2007.doc - 3 – (5). Having heard learned counsel for the parties and owing to the fact that the petitioners have almost completed the 2nd tenure of their Senior Residency, I am of the considered view that the issues canvassed by the parties need not be gone into at this stage. Suffice it to observe that hardly any ‘public interest’ would be served by abruptly directing the petitioners to leave their Senior Residency when they are at the verge of its completion. The impugned order dated 12.12.2007 (Annexure P10) is, therefore, quashed and the petitioners are permitted to complete their 2nd Tenure of Three-years Senior Residency. (6). Before parting with this order, it deserves mention that this Court has noticed lack of coordination between the two Directorates, namely, the Health and Family Welfare Department and the Directorate of Medical Education and Research in numerous cases. There are more than one instance where members of the Punjab Civil Medical Services are permitted to join as Senior Residents/Lecturers and/or other higher posts by the Directorate of Medical Education and Research without obtaining prior permission/NOC from their parent Department i.e. the Health and Family Welfare Department. Invariably, the parent Department is kept in dark and later on when it comes to know, the CWP No.19257 of 2007.doc - 4 – penal consequences fall upon the doctors who are subjected to disciplinary action. In order to curb this malpractice and to ensure joint responsibility of both the Directorates, this writ petition is disposed of with the following directions:- i. the Directorate of Medical Education and Research shall not allow any member of the PCMS to join as Senior Residents/Lecturers and/or any other assignments unless a ‘No Objection Certificate’ or consent in writing is produced from the parent Department, namely, the Health and Family Welfare Department; ii. as and when a member of the PCMS is selected for some assignment in the Directorate of Medical Education and Research and a request for grant of the NOC/consent is sent to the parent Department, the same shall be disposed of within one week from the date of its receipt; iii. The Principal Secretary, Government of Punjab, Department of Health and Family Welfare is directed to appoint/notify a Liaison Officer to coordinate between the two Directorates; iv. The petitioner(s), who have been permitted to complete their 2nd tenure of Three-year Senior Residency are directed to join their parent CWP No.19257 of 2007.doc - 5 – Department immediately on completion of the 2nd tenure of Senior Residency failing which the parent Department shall be at liberty to proceed against them departmentally in accordance with law/Rules. (7). Ordered accordingly. (8). Dasti . (SURYA KANT) JUDGE 31.03.2010 vishal shonkar