The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.26071 of 2025 Dr. Indranee Swain …. Petitioner Mr. A. Mishra, Advocate -versus- State of Odisha and Others …. Opp. Parties Mr. S. Das, ASC CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY Order No 04. 1. This matter is taken up through Hybrid
Decision
ORDER 25.09.2025 Arrangement (Virtual/Physical) Mode. 2. Heard learned counsel for the parties. 3. The Petitioner has filed the present Writ Petition inter alia 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 quash the impugned rejection order no. 26998/H dated to 13.09.2025 government, Health and Family Welfare Department under annexure-8. issued by Additional Secretary And further be pleased to direct the opp. parties to issue NOC in favour of the petitioner immediately enabling her to pursue her senior residentship in Radiation Oncology at AIIMS, New Delhi to which she has been selected as per annexure-3. Or in the alternative pass any other order/orders as deem fit and proper in this case.” // 2 // 4. Learned counsel appearing for the Petitioner contended that Petitioner after passing her MBBS and on being selected by OPSC, posted as a Medical Officer/Asst. Professor in SCB Medical College and Hospital, Cuttack vide Office Order issued on 27.04.2020. 4.1. It is contended that petitioner prior to taking admission to prosecute P.G in the subject Radiation Oncology, he signed the required bond in terms of the resolution issued by the Health and Family Welfare Deptt. on 09.12.2021 under Annexure-1. Accordingly, Petitioner joined to prosecute Post Graduation in Radiation Oncology in S.C.B Medical College and Hospital, Cuttack on 16.03.2022 and completed her Post Graduation in the said subject on 15.03.2025. After completing her Post Graduation, Petitioner joined as a Post P.G. Doctor at MKCG Medical College and Hospital, Berhampur on 10.7.2025. 4.2. It is however contended that basing on the notification issued by the AIIMS, New Delhi for conduct of Senior Resident/ Senior Demonstrator Common Eligibility Test, July 2025, petitioner made her application to prosecute Senior Residentship in the subject Radiation Oncology. 4.3. It is contended that petitioner was not only found eligible but also called to appear the interview. Page 2 of 6 // 3 // However, in terms of the provisions contained in the advertisement vide Para-XIV, petitioner made an application before O.P. No.1 to issue NOC in her favour to attend the interview in question. Para-XIV of the advertisement reads as follows: “Section XIV: SUBMISSION OF APPLICATION BY CANDIDATES WHO ARE EMPLOYED:- The Institute does not have any objection if the candidates in employment apply directly for the above Recruitment Test. However, all such candidates should inform their employer in writing that they are applying for this Recruitment Test. They should also sign the undertaking in the downloaded copy of Registration Slip that they have informed their employer about the application to AIIMS at the time of interview. If any communication their department/office withholding permission to the candidate’s appearing to the Recruitment Test, the candidature/admission of the candidate will be cancelled, and no further correspondence in this regard will be entertained.” the submission of received from is 4.4. It is contended that application of the petitioner though was forwarded by the Dean and Principal of the SCB Medical College and Hospital, Cuttack vide letter dated 12.08.2025 under Annexure-5, but the same was rejected vide the impugned communication dated 13.09.2025 under Annexure-8. It is contended that such a decision was taken, not to issue the NOC as per the existing principle. 4.5. Learned counsel for the petitioner fairly contended that though as per the bond, petitioner is required to serve as a Post PG Doctor in the State but since she has got an opportunity to prosecute her Page 3 of 6 // 4 // Senior Residentship in AIIMS, Delhi in the subject Radiation Oncology, petitioner will be seriously prejudiced if the NOC as required is not issued in her favour. 4.6. It is also contended that petitioner has to join on or before 30.09.2025 and unless the NOC is issued immediately, petitioner will be deprived to get the benefit of admission to prosecute Senior Residentship. It is also contended that on similar issue basing on the order passed by this Court in W.P.(C) No.3832 of 2024 under Annexure-6 and W.P.(C) No.12128 of 2024 under Annexure-7, petitioner in W.P.(C) No.3832 of 2024 was issued with the required NOC by the State. 5. Learned Addl. Standing Counsel on the other hand contended that since while prosecuting Post Graduation in the State, petitioner executed an agreement in terms of the decision taken by the Committee on 02.09.2022, and as per the said decision, petitioner is not permitted to get any such NOC, claim of the petitioner has been rejected accordingly. Para-4 of the decision taken in the meeting held on 02.09.2022 reads as follows:- “4. NOC will be issued to the Medical Officers of OMHS cadre to pursue Fellowship in the MCI NMC NMC in approved recognized/permitted institutions situated within & outside the State. The maximum duration of such subjects MCI the Page 4 of 6 // 5 // fellowship will be two years and the period of fellowship will count towards service benefits.” 5.1. It is accordingly contended that in view of the bond executed by the petitioner, petitioner is not entitled to get the NOC which has been rightly rejected vide the impugned communication dated 13.09.2025 under Annexure-8. 6. To the submission made by the learned Addl. Standing Counsel, learned counsel for the petitioner made further submission contending inter alia that after completing her Senior Residentship in AIIMS Delhi showing come back and join in the State in terms of the bond so executed by her. Petitioner is also ready and willing to provide an undertaking to that effect to get the benefit of NOC. 7. Having heard learned counsel for the parties, considering the submissions made and the fact that petitioner has been selected to prosecute Senior Residentship in the discipline Radiation Oncology in the AIIMS, Delhi, last date of which has been fixed to 30.09.2025, this Court while disposing the Writ Petition with quashing of the impugned letter dated 13.09.2025, direct O.P. No.1 to issue the required NOC in favour of the petitioner by 27.09.2025. Petitioner is however is directed to furnish an undertaking that after completing her Senior Page 5 of 6 // 6 // Residentship, she will serve in the State along with a copy of this order. 8. The Writ Petition accordingly stands disposed of. (Biraja Prasanna Satapathy) Judge Basudev Signature Not Verified Digitally Signed Signed by: BASUDEV SWAIN Reason: Authentication Location: High Court of Orissa, Cuttack Date: 27-Sep-2025 12:19:45 Page 6 of 6