Disposed

Dr Akash Bhengra v. the State of Jharkhand

Jharkhand HC9 Jan 2023WPC/5418/2022

Case brief

AI extract

What is this about?

The Court directed Respondent No. 4 to complete formalities and recommend the petitioner's name to RIMS within a week to secure admission in MS Orthopedic Course for 2022, extending the timeline due to the State's delay in issuing the NOC.

What did the court decide?

Direct Respondent No. 4 to complete formalities within a week and recommend the petitioner's name to RIMS; extended counseling deadline.

Dr Akash Bhengra Vs the State of Jharkhand — Education and Admissions | Jharkhand HC (2023)

¶1

IN THE HIGH COURT OF JHARKHAND AT RANCHI WP(S) No. 5418 of 2022

Dr. Akash Bhengra...

Petitioner.

Versus

The State of Jharkhand

¶6

The Additional Chief Secretary, Department of Health,, Medical Education and Family Affairs, Govt. of Jharkhand, Doranda, Ranchi.

¶7

The Director, Rajendra Institute of Medical Science (RIMS), Bariatu, Ranchi.

¶8

Jharkhand Combined Entrace Competitive Examination, Board.

¶9

Respondents.

¶10

CORAM : HON'BLE MR. JUSTICE ANANDA SEN .

¶11

For the Petitioner: Mr. Anil Kr. Sinha, Sr. Advocate. Mr. Raunak Sahay, Advocate. For Respondent NO. 4: Mr. Anoop Kr. Mehta, Advocate.

¶12

06/09.01.2023: The petitioner has prayed for a direction upon the respondent-State to grant No Objection Certificate to the petitioner for taking admission in M.S. Orthopedic Course i.e. P.G. Course in Rajendra Institute of Medical Science (RIMS) for the year 2022.

¶13

It is the case of the petitioner that he is a qualified MBBS Doctor and working under the State. He intends to pursue his higher education but as a criminal case was pending against him, the State withheld No Objection Certificate, which is necessary to pursue his P.G. Course. It is his contention that the State has not initiated any departmental proceeding against the petitioner and in that view the State cannot withhold “No Objection Certificate”, and must issue the same so that the petitioner can pursue higher education.

¶14

Now, during the pendency of this writ petition, the State has submitted that they have issued “No Objection Certificate” on 6.12.2022.

¶15

Mr. A.K. Mehta, counsel for respondent No. 4, submits that the last date for counseling was 2^nd December, 2022 and considering the peculiar situation in this case where the “No Objection Certificate” was granted after the last date of counseling by the State, the last date needs to be extended so far as this petitioner is concerned.

¶16

None appears on behalf of RIMS.

¶17

On earlier occasion, the counsel for the RIMS had stated that they had taken stand that once “No Objection Certificate” is issued by the State, they will allow the petitioner to pursue his the higher education in RIMS.

¶18

Considering the submission and affidavit filed and the fact that “No Objection Certificate” was issued by the State on 6.12.2022, and in this case vide order dated 4.11.2022, one seat was reserved, subject to final decision of this Court, I direct respondent No. 4 to complete all the formalities within a week and recommend the name of the petitioner to RIMS who will enroll the petitioner

¶19

¶20

as a student of M.S. Orthopedic for the year 2022 without any delay. This time line is extended only considering the fact that this writ petition was pending before this Court prior to 2.11.2022 and it is the State who had caused inconvenience to the petitioner by not granting “No Objection Certificate”, within time, which they ultimately granted after 2^nd December, 2022. The petitioner cannot be put to prejudice by a situation created by the State.

¶21

The petitioner will appear before respondent No. 4 on or before 12.1.2023 with all his credentials. The respondent No. 4 will process the application of the petitioner and recommend the same by 13.1.2023 to RIMS. 9. Let copy of this order be provided to Mr. Raunak Sahay, AC to senior counsel Mr. Anil Kumar Sinha and Mr. Anoop Kumar Mehta, counsel for respondent NO. 4. Let this order be faxed to the Director, RIMS, Ranchi also.

¶22

(ANANDA SEN, J.)

¶23

Anu/-

Dr Akash Bhengra v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Dr Akash Bhengra v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Maksud Hussain Vs the State of Jharkhand through Deputy Commissioner

Prakash Dusadh Vs Ms Bharat Coking Coal Limited through Chairman Cum Managing Director

Elbina Kongari Vs the State of Jharkhand

Gita Kumari Vs the State of Jharkhand through the Secretary Deptt of Agriculture Animal Husbandry and Cooperative

Anita Srivastava Vs State of Jharkhand through the Chief Secretary

Branch Manager Megma Hdi General Insurance Company Ltd. Representing through Safdar Ismail Vs Sitara Bibi