C.W.P No. 9953 of 2005 ::1:: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P No. 9953 of 2005 Date of decision : May 19, 2009 Dr. Sushil Kumar Jain, ...... Petitioner (s) v. State of Haryana and others, ...... Respondent(s) *** CORAM : HON'BLE MR.JUSTICE AJAY TEWARI *** Present : Mr. B.S.Kanwar, Advocate for the petitioner. Mr. D.P.Sharma, DAG Haryana for respondents No.1 and 2. Mr. Anurag Goyal, Advocate for respondent No.3. *** 1. Whether Reporters of Local Newspapers 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 ? *** AJAY TEWARI, J The petitioner has challenged the orders dated 27.5.2005 (Annexure P-1) and 31.5.2005 (Annexure P-2) whereby the No Objection Certificate issued in his favour for pursuing Post Graduate Diploma Course has been withdrawn and his consequential admission to M.D (General Medicine) cancelled. The petitioner did his MBBS from Maharishi Dayand C.W.P No. 9953 of 2005 ::2:: University, Rohtak in 1992. Thereafter, he did the Post Graduate Diploma Course from 1995 to 1997. In the year 1999, he joined the Haryana Civil Medical Services (HCMS). The State of Haryana framed a policy for encouraging in-service candidates to improve their qualifications. Any employed doctor with more than five years service could apply for a No Objection Certificate and, on receipt thereof, compete for the reserved seat for HCMS candidates. The petitioner applied for the grant of NOC vide application dated 10.2.2005, which was granted on 15.2.2005. Thereafter, he took the entrance test, and having been placed at rank No.9 was given admission to MD Degree in general medicines on the basis of his merit. It is thereafter that the impugned orders were passed on the ground that having done his diploma in Tuberculosis and Chest Diseases he could be permitted to pursue higher studies only in that discipline. In the written statement the plea taken is that in the government policy (Annexure P-5), clauses C(iv), (v) and (vi) are as follows :- “iv) In addition to the above, if a doctor has already studied for a P.G Diploma Courses in any subject under the Government scheme as an in-service candidate, he will be considered for grant of `No Objection Certificate' only for the P.G degree Course in that very discipline/subject provided he has completed the period of bond executed by him while proceeding for the diploma course. v) The in-service candidates, who already have a P.G Degree to their credit in any subject and want to do a Diploma Course in the same subject and wants to go in C.W.P No. 9953 of 2005 ::3:: for P.G Degree course in a subject other than one in which he has done the diploma, will not be considered for issuance of NOC. vi) A doctor, who has completed a P.G Diploma Course in any subject and wants to go in for P.G Degree in a subject other than the one in which he has done the diploma will not be considered for `No Objection Certificate.” It is, thus, contended that the petitioner was not entitled to select the specialization of general medicines. Counsel for the petitioner has argued that these provisions are not applicable to the petitioner since he did his diploma prior to joining government service while these conditions apply only to those doctors who have undertaken higher studies while in government service. It is not disputed that when this writ petition came up for motion hearing, the petitioner was permitted to continue his studies. Thereafter, under subsequent interim orders, he was allowed to take the examination and his result has also been declared. It is also not disputed that the petitioner is still in government service. Thus, to now hold the petitioner dis-entitled to undergo the course would not only be against the spirit of the policy but would also not be in the public interest since the beneficiary of the petitioner's education is general public. It cannot be lost sight of that the diploma done by the petitioner was prior to joining government service and, thus, could not involve any disability to apply for any other course. Additionally, the petitioner got selected in MD (general medicine) on the basis of his own merit. C.W.P No. 9953 of 2005 ::4:: In these circumstances, this writ petition is allowed, the orders (Annexures P-1 and P-2) are set aside and respondents No.2 and 3 are directed to declare the MD result of the petitioner. ( AJAY TEWARI ) May 19, 2009. JUDGE `kk'