CWP No.11247 of 2008 (1) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.11247 of 2008 Date of Decision: 4.9.2008 Dr. Jai Bhagwan ....Petitioner Versus State of Haryana and others ....Respondents Coram: HON'BLE MR. JUSTICE HEMANT GUPTA HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Shri Jagat Singh, Advocate, for the petitioner. Shri S.K. Hooda, Senior DAG, Haryana. 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? HEMANT GUPTA, J. The grievance of the petitioner is that the No Objection Certificate (for short `the NOC') granted to the petitioner by the State Government to undergo Diploma in Anesthesia has wrongly been withdrawn. It is the case of the petitioner that after qualifying the MBBS course in the year 1992, he has obtained Post Graduate Degree in the Community Medicine in the open quota from Pt. B.D. Sharma PGIMS, Rohtak. Thereafter, he joined Haryana Civil Medical Services on 24.7.1999 and is presently posted as Medical Officer, Civil Hospital, Sohana, District Gurgaon. The Government of Haryana issued a notification on 12.11.2007, declaring Maharishi Dayanand University, Rohtak as competent authority to conduct the entrance examination and declare the result in MD/MS/PG Diploma and MD Courses in the Government CWP No.11247 of 2008 (2) Medical and Dental Colleges in the State of Haryana for the year 2008. The Director of Pt. B.D. Sharma, PGMIS, Rohtak, was declared as competent authority to conduct the counselling and finalise the admission process. The petitioner sought permission to undergo diploma in Anesthesia and was granted the NOC (Annexure P.4) on 29.5.2008. However, on 9.6.2006 (Annexure P.6), the NOC granted to the petitioner was withdrawn. It is the said decision, which is subject matter of challenge in the present writ petition. In reply, it is the stand of the respondents that the petitioner has obtained MD in Community Medicine. It is pointed out that the petitioner can be given permission to undergo super specialty course in the same discipline i.e. Community Medicine, but there is no super specialty course in the discipline of Community Medicine. Therefore, the NOC was wrongly granted to the petitioner and thus, rightly withdrawn. We have heard the learned counsel for the parties at some length. We do not find any merit in the present writ petition. From a perusal of the prospectus (Annexure P.1), is is apparent that a policy regarding higher studies for the Doctors in the Department of Health and Medical Education was circulated on 26.4.2002. The relevant clauses of the said policy read as under:- “A. General HCMS/HMES doctors serving in connection with the affairs of the State Government in the Health Department and those serving in the PGIMS, Rohtak may be allowed to apply for and seek admissions in various academic courses leading to PG Diploma/PG Degree/Super Speciality Courses `in their respective streams' (Emphasis supplied) of Medical Profession for which they will have to apply for and avail study leave in accordance with the provisions contained under Rule 8.126 of the CSR Vol.1 Part I read with Appendix CWP No.11247 of 2008 (3) 20 contained in CSR Vol.I Part II or Leave of the kind due as admissible under the rules. xx xx xx C. Sponsorship of candidates for higher studies against Reserved Seats:- xx xx xx (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 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 course in a subject other than the one in which he has done the diploma will not be considered for `No Objection Certificate'.” A perusal of the the general conditions as reproduced above would show that HCMS/HMES doctors serving in connection with the affairs of the State Government in the Health Department and those serving in the PGIMS, Rohtak, can be allowed to apply for and seek admissions in academic courses leading to PG Diploma/PG Degree/Super Speciality Courses in their respective streams of Medical Profession. The stream of the petitioner is Community Medicines. Therefore, he can be permitted to take admission in the super specialty course of Community Medicine and not in any other PG Diploma or Degree Course. Learned counsel for the petitioner has relied upon condition CWP No.11247 of 2008 (4) (v) of Clause C of the aforesaid policy to contend that since the petitioner is already having PG Degree to his credit, he can be permitted to take admission in PG Diploma Course in another stream as there is no prohibition for such course. Condition Nos. (iv) to (vi) as reproduced above, are to the effect that the in service candidate can be granted NOC to undertake Post Graduate Diploma or Degree or Super Speciality Course in the discipline in which he has already obtained Degree or Diploma. Since the stream of the petitioner is Community Medicine, therefore, he cannot be permitted to change his stream to seek admission for Diploma in Anesthesia. Consequently, we do not find any merit in the present writ petition. Hence, the same is dismissed. (HEMANT GUPTA) JUDGE (KANWALJIT SINGH AHLUWALIA) JUDGE 04-09-.2008 ds