The High Court
Case Details
Order No. 03. IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.38898 of 2023 Dr. Gargee Mishra …. Petitioner Mr. Avijit Mishra, Advocate -versus- State of Odisha and others …. Opposite Parties Mr. P.C. Das, A.S.C. CORAM: JUSTICE A.K. MOHAPATRA
Decision
ORDER 06.03.2024 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel for the State-Opposite Parties. Perused the writ petition as well as the documents annexed thereto. 3. The Petitioner has filed the present writ application 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 order no.27467 dated 09.11.2023 issued by opposite party no.2 at Annexure-7, And further be pleased to direct opp. Party no.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 Microbiology at AIIMS, Raipur to which she has been selected and issued with offer of appointment at annexue-5 and further has been directed to join in the said post on or before 15th of November 2023 and the same has been extended till 30th November, 2023; And in the alternative pass any other // 2 // order/orders as deem fit and proper in this case.” 4. Learned counsel for the Petitioner, at the outset, submitted that the Petitioner completed her MMBS degree from M.K.C.G. Medical College & Hospital, Berhampur in the year 2015. Thereafter, she appeared in the selection process conducted by OPSC for the post of Medical Officer/Assistant Surgeon pursuant an advertisement in the year 2017. Since the Petitioner came out successful in such recruitment process, she was appointed as Medical Officer/Assistant Surgeon on 03.10.2017 at PHC, Tukuna under CHC Salania in the district of Keonjhar. While working as such, the Petitioner got selected for post-graduation in the subject of Microbiology and completed the same in the year 2023. 5. Learned counsel for the Petitioner further contended that after completion of her post-graduation course, the Petitioner joined in the Directorate of Health Services, Government of Odisha on 24.08.2023. While he was on serving under the Directorate of Health Services, the Petitioner came across an advertisement for recruitment to the post of Senior Resident at AIIMS, Raipur under the Government of India Residency Scheme vide Advertisement dated 13.09.2023. As per the said advertisement, Senior Resident in the department of Microbiology was to be filled up. The Petitioner being eligible for such post submitted her application for being appointed as a Senior Resident in Microbiology at AIIMS, Raipur. 6. Learned counsel for the Petitioner contended that although the Petitioner applied for NOC from the Opposite Party No.1 on 11.10.2023, however, the same was not issued by the Opposite Party No.1. As a result of which, the Petitioner anticipating that the NOC will eventually be issued by the Opposite Party No.1 in the meantime, appeared in the selection process pursuant to the Advertisement dated 13.09.2023. Finally, the Petitioner was selected // 3 // for the post of Senior Resident in Microbiology Department in AIIMS, Raipur on 27.10.2023. While the matter stood thus, the Petitioner once again send a mail to the Opposite Party No.1 requesting to grant NOC for pursuing her Senior Residency at AIIMS, Raipur. In the meantime, the Petitioner received her appointment letter from the AIIMS, Raipur wherein she has requested to join on or before 15th November, 2023. A copy of such appointment letter dated 27.10.2023 has been annexed as Annexure-5 to the writ petition. Since the Opposite Parties did not issue the NOC as required to join at AIIMS, Raipur, the Petitioner has approached before this Court by filing the present writ petition. It is pertinent to mention here that the Petitioner had earlier approached this Court by filing W.P.(C) No.35585 of 2023, which was disposed of vide order dated 01.11.2023 with a direction to the Opposite Party No.2 to issue N.O.C. immediately thereby enabling her to join in the post of Senior Resident at AIIMS, Raipur. 7. In course of argument, learned counsel for the Petitioner referred to the orders passed by this Court in W.P.(C) No.17437 of 2017 disposed of on 08.11.2017, in the case of Dr. Snehalata Mallick v. State of Odihsa and others (W.P.(C) No.4242 of 2021, disposed of on 12.02.2021) and in the case of Dr. Durgadutta Pattanayak v. State of Odisha and others (W.P.(C) No.18592 of 2022, disposed of on 28.07.2022) as well as in the case of Dr. Bhagyashree Parida v. State of Odisha and others (W.P.(C) No.9495 of 2023, disposed of on 06.04.2023). By referring to the aforesaid judgments, learned counsel for the Petitioner submitted that in many similar cases, this Court had directed the concerned authority to issue NOC to the Petitioners enabling them to join at the new place of posting. 8. Learned Additional Standing Counsel appearing for the State- // 4 // 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 only any illegality in refusing to relieve the Petitioner and in 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. 9. 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, Raipur. 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 upon which the Opposite Parties could have justified their action of 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 // 5 // AIIMS, Raipur, which is one of the leading institutions in the country. 10. In view of the aforesaid analysis of the factual background as well as the legal position and further keeping in view the submissions made by the learned counsel for the parties, this Court deems it proper to quash the rejection order dated 09.11.2023 under Annexure-7 to the writ petition and, accordingly, the same is hereby quashed. Further, the matter is remanded back to the Opposite Party No.1 to reconsider the case of the Petitioner. Further, it is directed that in the event there is no statutory embargo in granting NOC or relieving the Petitioner, the Opposite Parties, who have already relieved the Petitioner by virtue of an interim order, shall do well to issue NOC in favour of the Petitioner within a period of four weeks from the date of communication of a certified copy of this order. 11. With the aforesaid observation and direction, the writ petition is disposed of. Debasis ( A.K. Mohapatra ) Judge Signature Not Verified Digitally Signed Signed by: DEBASIS AECH Reason: Authentication Location: OHC, CUTTACK. Date: 12-Mar-2024 11:02:26