The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.10758 of 2023 Dr. Subhamay Nanda …. Petitioner State of Odisha and another …. Opposite Parties Mr. Avijit Mishra, Advocate -versus-
Legal Reasoning
Mr. T. Pattanaik, A.S.C. CORAM: JUSTICE A.K. MOHAPATRA Order No.
Decision
ORDER 06.04.2023 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the petitioner as well as learned counsel for the State. Perused the writ petition as well as documents annexed thereto. 3. The present writ petition has been filed by the petitioner with the following prayers: “Under these facts and circumstances it is most humbly prayed therefore that this Hon’ble Court may graciously be pleased to direct the opp.party no-2 to issue NOC in favour of the petitioner pursue his fellowship programme of Intensive Care Medicine in the department of Anaesthesiology at Sanjay Gandhi Post graduate Institute of Medical Sciences pursuant to his admission letter at annexure-2 immediately. And in the alternative pass any other order/orders as deem fit and proper in this case,” 4. It is submitted by learned counsel for the petitioner that the petitioner is a doctor in the discipline of Anesthesia. After // 2 // completion of his Post Graduation, he had applied for appointment pursuant to advertisement dated 05.01.2023, accordingly he was appointed as a Medical Officer, District Headquarter Hospital, Puri. Pursuant to the established practice, a bond was executed prior to taking admission into P.G. Course. Learned counsel for the petitioner submits that the said bond was executed in the year 2018 in a format, which was issued by the Government of Odisha, Health and Family Welfare Department in the year 2017. In such view of the matter, learned counsel for the petitioner also submits that the condition of employment of the petitioner shall be governed by the terms of the bond executed in the Format of the year 2017 under Annexure-4 to the writ application. He further contended that while the petitioner was discharging his duties as a Medical Officer, District Headquarter Hospital, Puri, he came across an advertisement for admission into fellowship programme issued by Sanjay Gandhi Post Graduate Institute of Medical Sciences, Lucknow on 05.01.2023. Pursuant to such advertisement the petitioner offered his candidature to join the fellowship programme. 5. Finally, the petitioner was selected and an admission letter was issued on 02.03.2023 in favour of the petitioner by Sanjay Gandhi Post Graduate Institute of Medical Sciences, Lucknow. After receiving the letter for admission, the petitioner applied to the Government for issuance of NOC in view of the terms in the bond, he had executed before admission into the P.G. Course. However, the State Government vide letter dated 13.03.2023 rejected his prayer for issuance of NOC vide impugned letter dated 13.03.2023 under Annexure-3 issued by the Director of Medical Education and Training, Odisha. // 3 // 6. Challenging the aforesaid decision under Annexure-3, the petitioner has approached this Court by filing the present writ application. 7. Learned counsel for the State, on the other hand, submits that in view of the resolution dated 09.12.2021, no doctor shall be issued with NOC from the Government since there is an acute shortage of doctors in the State. It was also contended that issuance of NOC is within the discretion of the State Government. He further contended that keeping in view the requirement of the doctors in the Hospital and Medical Colleges in the State of Odisha, a decision has been taken by the competent authority keeping in view the larger public interest. Therefore, learned counsel for the State tried to justify the decision of the Director of Medical Education and Training, Odisha, which was communicated to the petitioner vide letter dated 13.03.2023. 8. In reply to the aforesaid submissions of learned counsel for the State, learned counsel for the petitioner submits that the resolution dated 09.12.2021 referred to by learned counsel for the State is not applicable to the petitioner as the bond that was executed by the petitioner was in the format of the year 2017 and the same was executed in the year 2018. Therefore, he further contended that the terms of engagement of the petitioner shall be governed by the conditions contained in the bond which was executed by the petitioner in the year 2018. He also contended that there exists no prohibition in the bond executed by the petitioner with the Opposite Parties. The decision of the Director of Medical Education and Training, Odisha under Annexure-3 is illegal and infringes the rights of the petitioner to go on advance States and to acquire specialized // 4 // skill and knowledge. He also contended any such restriction would also be hit by the principle enshrined in the Article 19 and 21 of the Constitution of India. 9. In course of the argument, learned counsel for the petitioner also referred to a decision of this Court in the case of Dr. Asima Mishra vrs. State of Odisha and others decided on 06.07.2022 in W.P.(C) No.16647 of 2022 by the coordinate Bench of this Court. Referring to the said case, learned counsel for the petitioner submits that the petitioner stands on an identical footing with the petitioner in the above noted case. Further, he contended that after considering the contentions raised by the learned counsel for the State, the coordinate Bench of this Court vide order dated 06.07.2022 directed the competent authority to issue NOC to the petitioner within a period of five days. 10. Considering the submissions made by learned counsel for the respective parties, upon a careful scrutiny of the background facts involved in the present writ application and keeping in view the order dated 06.07.2022 in the case of Dr. Asima Mishra (supra), this Court is of the considered view that the order under Annexure-3 is unsustainable in law and the same is accordingly quashed. Further, the competent authority i.e. Director of Medical Education and Training, Odisha is directed to issue NOC forthwith to the petitioner preferably within a period of one week from the date of communication of this order. 11. Further, it is directed that the petitioner shall approach the Director of Medical Education and Training, Odisha-Opposite Party No.2 along with certified copy of this order. In the event the // 5 // petitioner approaches the Opposite Party No.2, the Opposite Party No.2 shall carry out the direction given herein above. 12. With the aforesaid observation/direction, the writ application stands disposed of. Urgent certified copy of this order be granted on proper application in course of the day. Jagabandhu ( A.K. Mohapatra) Judge