Dr Waseem Shafi Lone vs HEALTH AND MEDICAL EDUCATION DEPARTMENT on 31 December 2024

O R D E R

M.S.LATIF M(Judl.) - Oral

01/ The petitioner, by medium of this petition, has sought a direction upon the respondents to issue the No Objection Certificate (NOC) in his favour required by him for higher studies with further direction to

quash the order dated 14-03-2024 which, as submitted, has the effect of rejecting the case of the petitioner on frivolous grounds. The petitioner has further sought a direction upon the respondents 2 & 3 to accept his application for undergoing higher education without NOC until decision on grant of same is taken. 02/ The facts as they emerge out of the pleadings made in the petition are that the petitioner came to be appointed as Medical Officer by virtue of order bearing No. 938-JK(HME) of 2020 dated 31-12-2020 and figures at S.No. 398 in the order of appointment. He is presently posted as Medical Officer, District Hospital, Shopian/Pulwama. 03/ Learned counsel for the petitioner submitted that vide notification dated 17-12-2024, issued by SKIMS Medical College Hospital, applications from eligible domicile candidates of J&K and Ladakh were invited for filling up the posts of Senior Residents (Registrars/Tutor Demonstrators) in various departments. Learned counsel submitted further that the petitioner, being eligible, also applied for the same. However, as per the conditions of his appointment in the department of Health, before joining the Senior Residentship, he is required to obtain NOC from his employer/parent department. He submits further submits that the petitioner has applied for the NOC, however, same has been denied to him for unknown reasons. 04/ Undoubtedly, the services of the petitioner are governed by the terms and conditions of his appointment and in case he fulfills the

criteria, required for competing for Senior Residentship, advertised in terms of notification dated 17-12-2024, he deserves to be considered for the same in accordance with law. 05/ After arguing at length, the learned counsel for the petitioner submitted that the petitioner shall be satisfied if the matter is disposed of at this very stage by directing the respdnents to consider the case of the petitioner for grant of NOC in his favour for which he has already applied before them, in accordance with law. 06/ This petition is accordingly disposed of with the direction to the respondents to consider case of the petitioner for grant of NOC as per the rules governing the field. However, it is further ordered that the respondents will decide grant or refusal of the NOC in a time frame manner as otherwise the petitioner has a right to know, in law, the fate of his representation/application. Needful to be done within a period of one week positively to be reckoned from the date a copy of this judgement is served on them. 07/ The O.A is, accordingly, disposed of along with connected M.As., if any. (M. S. LATIF ) Member (Judl.) TARIQ MOTA 31-12-2024