The High Court
Case Details
Order No. 01. IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 3832 of 2024 Dr. Debasmita Singh …. Petitioner Mr. Avijit Mishra, Advocate -versus- State of Odisha and another …. Opposite Parties Mr. N.K. Praharaj, A.G.A. CORAM: JUSTICE A.K.MOHAPATRA ORDER 22.02.2024 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. Heard learned counsel for the Petitioner as well as learned Additional Government Advocate appearing for the State-Opposite Parties. Perused the writ petition as well as the documents annexed thereto. 3. The Petitioner has filed the present writ petition with the following prayer:- “Under these facts and circumstances it is most humbly prayed therefore that this Hon’ble Court may graciously be pleased to direct opp. Party no.1 and 2 to issue a no-objection certificate/relieve order in favour of the petitioner immediately, enabling her to join in the post of Senior Resident in the department of O & G at AIIMS, New Delhi to which she has been selected and issued with offer of appointment at annexure-3 and further has been directed to join in the said post on or before 29th of February, 2024. // 2 // And in the alternative pass any other order/orders as deem fit and proper in this case.” 4.
Legal Reasoning
It is submitted by the learned counsel for the Petitioner that the Petitioner, after completion of her M.B.B.S. degree from M.K.C.G. Medical College and Hospital, Berhampur in the year 2014, appeared in the recruitment test conducted by the OPSC. On being duly selected in such recruitment test, the Petitioner was appointed as Medical Officer/Assistant Surgeon in the year 2016 and was appointed on 01.11.2016 at C.H.C., Aska in the district of Ganjam. While working as Medical Officer/Assistant Surgeon, the Petitioner was selected for Post- Graduation in the subject of O&G. Accordingly, the Petitioner completed Post Graduation in the year 2020. Learned counsel for the Petitioner further contended that the Petitioner is continuing as a Medical Officer under the Health & Family Welfare Department, Government of Odisha. 5. Learned counsel for the Petitioner further contended that pursuant to an advertisement dated 24.11.2023 issued by the AIIMS, New Delhi for recruitment to the post of Senior Resident, the Petitioner submitted her application. Thereafter, the Petitioner has been selected for such Senior Residentship at AIIMS, New Delhi. Learned counsel for the Petitioner submitted that on 24.11.2023, the Petitioner approached the Opposite Party No.2 for grant of N.O.C. He further contended that the application for grant of NOC has been rejected on 21.02.2024 by the Health & Family Welfare Department, Page 2 of 5 // 3 // Government of Odihsa, i.e. the date on which the Petitioner filed the present writ petition. Referring to the rejection order dated 21.02.2024, learned counsel for the Petitioner further contended that Opposite Party No.1 refused to relieve the Petitioner on the ground that it is not permissible to relieve the Petitioner and grant N.O.C. to pursue SRship in any institution other than Government Medical Colleges of the State including AIIMS, Bhubaneswar. He further contended that there is no specific bar contained in any law or rules prohibiting grant of such N.O.C. to the Petitioner. It was also contended that purely based on executive decision, the Opposite Parties have rejected the prayer of the Petitioner for grant of N.O.C. Being aggrieved by such conduct of the Opposite Parties, the Petitioner has approached this Court by filing the present writ petition. 6. Learned Additional Government Advocate appearing for the State-Opposite Parties, on the other hand, contended that pursuant to the circular of the Government, the doctors, who are working in the OMHS Cadre, are permitted to pursue their SRship only in any Government Medical College of the State including the AIIMS, Bhubaneswar. In such view of the matter, learned Additional Government Advocate submitted that the Opposite Parties have not committed any illegality in refusing to relieve the Petitioner and not granting N.O.C. as prayed for by the Petitioner. In such view of the matter, learned Additional Government Advocate submitted that the present writ petition is devoid of merit and, as such, the same is liable to be dismissed. Page 3 of 5 // 4 // 7. Having heard the learned counsels appearing for the respective parties and on a careful examination of the background facts as well as the materials on record, this Court observes that there is no bar in any law or any statutory regulation in granting N.O.C. to the Petitioner to do her SRship at AIIMS, New Delhi. Moreover, the Petitioner being the OMHS Cadre Officer, such embargo should have been there in the rule governing such doctors. However, no such rule has been presented before this Court which prohibits grant of such N.O.C. on such basis the Opposite Parties could have justified their action in not relieving the Petitioner. Learned counsel for the Petitioner has submitted that in many similar cases, this Court had earlier directed for the grant of N.O.C. and for relieving the Petitioners in those cases to do their SRship in reputed institutions outside the state of Odisha. Learned counsel for the Petitioner also contended that after completing her SRship, the Petitioner would come back to the State of Odisha with better credentials and expertise which can eventually be utilized for better treatment of the patients in the State of Odisha. Therefore, he further contended that in view of the larger public interest the Petitioner be allowed to do her SRship at AIIMS, New Delhi, which is one of the leading institutions in the country. 8. In view of the aforesaid factual background and further keeping in view the submission made by the learned counsel appearing for the parties, this Court deems it proper to quash Page 4 of 5 // 5 // rejection order dated 21.02.2024. Further the matter is remanded back to the Opposite Party No.1 to reconsider the case of the Petitioner. In the event there is no statutory embargo in granting N.O.C. or reliving the Petitioner to do her SRship at AIIMS, New Delhi, then the Opposite Party No.1 shall do well to provide the N.O.C. to the Petitioner as has been prayed in the writ petition and also relieve her as per the rules and regulations governing, within a week from the date the Petitioner approaches the Opposite Party No.1 along with a certified copy of this order. 9. With the aforesaid observation and direction, the writ
Decision
petition is disposed of. Debasis (A.K. Mohapatra) Judge Signature Not Verified Digitally Signed Signed by: DEBASIS AECH Designation: Secretary Reason: Authentication Location: OHC, CUTTACK. Date: 27-Feb-2024 12:40:59 Page 5 of 5