Allowed

Mohinder Kumar v. State of Hp and Ors.

Himachal Pradesh HC6 Aug 2020CWP/2715/2020

Case brief

AI extract

What is this about?

In this civil writ petition before the High Court of Himachal Pradesh, the petitioner, a medical officer selected for MD in Community Medicine, sought a direction to issue an NOC. The Court directed the respondents to issue the NOC/Sponsorship Certificate within 48 hours to enable the petitioner to pursue his studies.

What did the court decide?

Direction to issue NOC/Sponsorship Certificate within 48 hours.

Mohinder Kumar Vs State of Hp and… — Pension and Retirement Benefits | Himachal Pradesh HC (2020)

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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	*CWP No.2715 of 2020*
	*Date of decision* *: 06.08.2020*
Mohinder Kumar	… Petitioner Versus

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State of Himachal Pradesh and others …Respondents Coram:

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The Hon’ble Mr. Justice L. Narayana Swamy, Chief Justice. The Hon’ble Mr. Justice Anoop Chitkara, Judge.

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Whether approved for reporting?¹

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For the Petitioner : Mr. Sunil Mohan Goel, Advocate.

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For the Respondents : Mr. Ajay Vaidya, Senior Additional Advocate General, for the State.

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Anoop Chitkara, Judge(oral)

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A Medical Officer, who has done his MBBS and now wants to do his Post Graduation, has come up before this Court, seeking a direction to the respondents to immediately issue NOC/Sponsorship Certificate in his favour.

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We have heard learned counsel for the parties.

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The relevant portion of letter issued by the Special Secretary (Health) to the Government of Himachal Pradesh, dated 18.9.2019 (Annexure P-6/T), reads as under:-

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1 Whether reporters of Local Papers may be allowed to see the judgment?

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…2…

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“I am directed to refer to your letter No.HFWH(PG)/MD/MHA/Mics Corres/2017-5621 dated 23^rd August, 2019 on the subject cited above and to request you to ensure that in future GDOs/MOs may not be sponsored for doing MPH/MAE/DPH/MHA/PSM as there are already sufficient number of Medical Officers having MPH/MAE/DPH/MHA/PSM in the cadre. However, position may be reviewed after every 3 years.

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Therefore, you are requested to issue suitable instructions to all the Principals/Chief Medical Officers/Medical Superintendents/Block Medical Officers in this regard accordingly.”

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On inquiring from this Court that whether any suitable instructions were issued consequent upon this letter, there is no such information available with learned Senior Additional Advocate General. Even otherwise, the petitioner stands selected for pursuing MD Course in Community Medicine from Maharishi Markendeshwar Medical College & Hospital, Kumarhatti, Solan and deposited the fee also and he is struck off only because of non issuance of NOC/Sponsorship Certificate.

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Learned Senior Additional Advocate General, further submits that in case this Court is proposing to direct the respondents to issue NOC/Sponsorship Certificate in favour of the

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…3…

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petitioner, then it should not be cited as a precedent. We are not in agreement with such prayer because it is open for the State to issue appropriate notification in this regard.

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Without going into further details, we dispose of the present petition, directing the respondents to issue NOC/Sponsorship Certificate in favour of the petitioner within 48 hours.

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With the aforesaid observations, present petition is closed, so also the pending applications, if any.

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Copy Dasti.

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(L. Narayana Swamy)

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Chief Justice

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(Anoop Chitkara), Judge

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August 6, 2020 (KS)

Mohinder Kumar v. State of Hp and Ors.

Case brief

What is this about?

What did the court decide?

Mohinder Kumar v. State of Hp and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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