Dr Tanveera Bhat vs HEALTH AND MEDICAL EDUCATION DEPARTMENT on 31 December 2024

O R D E R

M.S.LATIF M(J) - Oral 01/ Through the medium of this petition, the petitioner has sought a direction to the respondents to issue no objection certificate (NOC) in favour of the petitioner for undergoing post MBBS DNB/Post MBBS Diploma for which the petitioner has provisionally been selected by the J&K BOPEE in terms of notification darted 12-12-2024. Alongside the main relief, petitioner has also sought a relief as an interim to undergo the said diploma in a time bound manner. 02/ The facts as they stem out of the pleadings in the petition are that the petitioner is a doctor by profession and is working in the Health & Medical Education Department and is presently posted as Medical Officer in Community Health Centre, Kremshore, Budgam, Kashmir. It is further stated that in response to BOPEE notification No. 174-BOPEE of 2024 dated 26-11- 2024, the petitioner applied before the BOPEE for seeking admission to Post MBBS DNB seats, Post Diploma DNB seats. The petitioner was accorded Roll No. 24661088977 and, as stated, the petitioner was selected having rank of 97686 under open merit category with 19th rank in the U.T of J&K as per provisional list issued by BOPEE vide notification NO. 188-BOPEE of 2024 dated 12-12-2024.

03/ Learned counsel for the petitioner submitted that although the petitioner has been selected to undergo the course in terms of notification dated 12-12-2024 but the respondents are not issuing the NOC in his favour as is required for joining the course. He submits that the petitioner has already moved a representation before the respondents on 12-12-2024, however, the respondents have not disposed the same as yet. He further submits that the petitioner will lose her prospects of acquiring further knowledge/degree which ultimately would be beneficial for patient care and submits that it was incumbent upon the respondents to have considered the representation filed by the petitioner. Learned counsel further submits that the respondents were under a legal obligation to have disposed of the representation with due promptitude. In order to buttress his argument, learned counsel has referred to a landmark judgement of the apex court rendered in case titled Mohini Jain versus State of Karnataka and others, in which the apex court has held that right to education was given a new dimension and was explicitly included as a fundamental right under article 21 of the Constitution of India.

04/ Heard learned counsel for the parties. At the request of learned counsel for the petitioner, this O.A is disposed of at this stage by providing that the respondents will consider and decide the representation of the petitioner positively within two days from the date copy of this judgement is served upon them. It is made clear that this order has been passed in the peculiar facts and circumstances of the case so that the respondents decide the representation filed by the petitioner effectively in accordance with the rules and law. 05/ In the aforementioned backdrop, this OA 954/2024 shall stand disposed of along with M.A, if any.

(M.S.LATIF) Member (Judl.) TARIQ MOTA 31-12-2024