Courts Update Docs wanting NOC for higher studies: SC allows challenge...

Docs wanting NOC for higher studies: SC allows challenge of state policy in HC

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New Delhi, Jun 8 (ILNS): The Supreme Court today heard the plea filed by a batch of doctors seeking a No Objection Certificate from the State of Uttar Pradesh to pursue PG Diploma in AIIMS, Rishikesh.

The Bench of Justices Navin Sinha and Ajay Rastogi observed that the Uttar Pradesh Government has not given the NOC after making a policy and the petitioners should now approach the High Court of Allahabad to challenge that Policy.

The following is the abstract of court proceeding in this matter:

Justice Sinha: “Is it your case that the candidates did not sit as sponsored candidates?”

AAG UP Garima Prashad: “They were not sponsored candidates. Now they want an NOC. They appeared for the written exam without permission.”

Justice Sinha: “They want to go to an institute of repute and not anywhere else and such a diploma will carry a weight, compared to the state institute.”

Prashad: “It’s a policy decision of the state.”

Justice Sinha: “Where is the policy decision?”

Prashad: “If we now permit study leaves during COVID time then there will be difficulties. Our policy decision is not even challenged here.”

Justice Sinha to Senior Adv Siddhartha Dave, representing the doctors: “We have been informed that you are not sponsored. You did not apply as a sponsored candidate and went on your own. State says they have taken a policy decision so that state doctors don’t leave now so that services are available. It is better you withdraw this and challenge the said policy before the High Court.”

Dave: “Last year under the same circumstances I was permitted.”

Justice Sinha: “On March 17, 2020, we hadn’t entered lockdown.”

Dave: “UP does not state that COVID is the reason. All are sponsored candidates of the policy. Even Uttarakhand policy came in January for candidates who had cleared the exam.”

Bench: “We permit you to withdraw with liberty to approach the High Court and challenge the policy. Leave is sought to withdraw the writ petition to challenge the policy document. The writ petition is allowed to be withdrawn with the above liberty. We request the high court to consider the matter expeditiously.”

The petitioners are the Medical Officers in the State of Uttar Pradesh who allege that they are deprived of their right to equal opportunity to take admission in PG Diploma Course in AIIMS Rishikesh. And they contend that this happened because the state of UP is not taking a decision on their application for issuance of NOC/ sponsorship certificate which is condition precedent for admission in the PG Diploma Course
The petitioners sought the following reliefs:

a. Direction to State of Uttar Pradesh to issue NOC/ Sponsorship Certificate to them
b. Direction to AIIMS Rishikesh to consider the petitioners candidature against 23 vacant seats.
Their Plea stated that the petitioners had filed application forms for taking admission in PG Diploma Course in different branches of Medical Science and cleared written exam. The said PG Diploma Course is being offered by AIIMS Rishikesh for the session 2021. Having cleared the written exam the petitioner were shortlisted for interview and as per the condition precedent all the shortlisted candidates were required to submit NO Objection certifacte/ Sponsored ship Certificate from the concerned State Government. ILNS\ABV\SJ\RJ

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