CWP No.6876 of 2009.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.6876 of 2009 (O&M) Date of Decision: 25.05.2010 **** Dr. Puja Garg 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: Mr. Vikas Singh, Advocate for the petitioners Mr. B.S. Chahal, DAG Punjab ***** SURYA KANT J. (ORAL) (1). This order shall dispose of CWPs No.6876, 9169, 10519 & 15879 of 2009 as common issues have arisen for consideration. The petitioners in these cases are members of the Punjab Civil Medical Services and they have common grievances. For the sake of brevity, the facts are being extracted from CWP No.6876 of 2009. (2). The petitioners are members of the PCMS and are serving as Medical Officers in the Health and Family Welfare Department, Government of Punjab. They have been selected for three-years Senior Residency by the Directorate of Medical Education and Research. Their parent department, namely, CWP No.6876 of 2009.doc - 2 – Department of Health and Family Welfare, however, has not issued ‘No Objection Certificates’ to them and as a result thereto they are unable to join as Senior Residents. (3). The petitioners accordingly seek a direction to the respondents to issue the requisite ‘NOCs’ and permit them to join as Senior Residents. (4). On 3rd May, 2010, the following order was passed by this Court:- “Post again on 25.5.2010. Meanwhile, the Secretary, Health and Family Welfare Department, Government of Punjab is directed to finalise the terms and conditions which the State Government would like to incorporate in the Bond to be executed by the petitioner(s) and other candidates selected for Senior Residency and for the grant of NOC for their joining as Senior Residents. Let those terms and conditions be produced on the date fixed failing which the Secretary of the Department concerned shall remain present in Court to explain the delay in its non-finalisation.” (5). Pursuant thereto, the Principal Secretary to Government of Punjab, Health and Family Welfare Department has issued the policy guidelines dated 24.05.2010, a copy whereof has been placed on record also. CWP No.6876 of 2009.doc - 3 – (6). I have heard learned counsel for the parties at some length and perused the guidelines dated 24.05.2010. (7). In my considered view, in the case of category ‘B’ (Senior Residents), Conditions No.1 to 4 contained in the guidelines cannot be applied retrospectively as the same are administrative in nature whereas conditions No.5 & 6 can be enforced in the case of the petitioners, which read as follows:- “5. PCMS doctors would be required to execute a bond for 5 years additional service in the Department of either Health or Medical Education for doing the Senior Residency Course. The doctor would be liable to pay a sum of Rs.10 lacs as bond money in case they are not able to render the stipulated 5 years service. This bond would be in addition to the bond already executed for doing the PG Course. 6. After completion of 3 years Senior Residency Course, PCMS doctors would stand repatriated to the Department of H&FW. If they do not report back to the Department, the Health Department would be competent to initiate departmental action against them. Under no circumstances will the Department of Medical Education adjust these Senior Residents against any post in the Medical Colleges after completion of 3 years Senior Residency Course.” CWP No.6876 of 2009.doc - 4 – (8). The writ petition is, accordingly, allowed with a direction that subject to the petitioner’s furnishing the requisite service bonds in compliance of condition No.5 of the aforesaid policy guidelines, the required ‘No Objection Certificate(s)’ shall be issued in their favour to enable them to join the Senior Residency. (9). The respondent authority shall be at liberty to impose the revised conditions even on those Medical Officers, who have already been issued NOC and/or joined the Senior Residency, provided that it is permissible under the law. (10). Ordered accordingly. (11). Dasti . (SURYA KANT) JUDGE 25.05.2010 vishal shonkar