Delhi High Court - Orders
Medical Cadet Soubhik Chakraborty vs Union Of India & Ors on 16 March, 2023
Author: Suresh Kumar Kait
Bench: Suresh Kumar Kait, Neena Bansal Krishna
$~33
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 6081/2021
MEDICAL CADET SOUBHIK CHAKRABORTY ..... Petitioner
Through: Dr.S.K. Khattri, Adv.
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr.Bhagvan Swarup Shukla,
CGSC with Mr.Sarvan Kumar &
Mr.Vikrant, Advs.
Major Partho Katyayan.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
ORDER
% 16.03.2023 CM APPL.12779/2023
1. Present application has been filed on behalf of the petitioner seeking directions to the respondents to pay/release the monthly payable internship stipend to the petitioner in terms of order dated 09.05.2022 passed in CM 20979/2022.
2. Notice issued.
3. Learned counsel for the respondents accepts notice and submits that in similar case, learned Single Judge of this Court has passed order in W.P.(C) 6081/2021 titled as "Medical Cadet Soubhik Chakraborty vs. Union of India & Ors." on 09.05.2022 and same may be passed in the Signature Not Verified W.P.(C) 6081/2021 Page 1 of 3 Digitally Signed By:ALKA BOBAL Signing Date:17.03.2023 16:53 present application.
4. After perusal of the abovementioned order, it is revealed that respondents had fairly agreed to issue a Provisional No Objection Certificate to the petitioner subject to fulfilling the conditions which are as under:
(a) That the applicant shall follow the final order/judgment of Hon'ble High court, Delhi in the matter filed by him regarding recovery of cost of training in a time bound manner;
(b) That the applicant shall be liable to pay the amount cost of training as provisionally decided by the Hon'ble Delhi High Court in the aforementioned writ petition;
(c) That in the instance of failure/refusal of the applicant to pay the decided amount of cost of training, the Provisional NOC shall become null and void and he shall not be permitted to continue the internship in AFMS institute till he pays full amount of cost of training.
(d) That internship completion certificate shall only be issued to the applicant after the recovery of all pending dues including full amount of cost of training as decided by Hon'ble Court;
(e) That no monthly stipend (if applicable) shall be payable to the applicant during his internship on provisional NOC till he clears all pending dues including cost of training to the answering respondents.
5. In view of the order passed by learned Single Judge of this Court and the conditions imposed for issuance of NOC, application is allowed and internship monthly stipend be paid to the petitioner, subject to his Signature Not Verified W.P.(C) 6081/2021 Page 2 of 3 Digitally Signed By:ALKA BOBAL Signing Date:17.03.2023 16:53 filing an affidavit of undertaking within two weeks, in respect of the abovementioned conditions.
6. Application is, accordingly, disposed of. CM APPL.12780/2023 (early hearing)
7. Present application has been filed on behalf of the petitioner seeking early hearing of CM APPL.8614/2022.
8. Present application shall be considered on the date already fixed i.e. 18.05.2023.
9. Registry is directed to list the abovementioned application on the said date in the category of 'Final Hearing'.
10. Meanwhile, parties are directed to file a brief note of written submissions not exceeding five pages with relevant documents/judgments on which they want to rely with relevant portion duly highlighted for the convenience of this Court within four weeks from today.
SURESH KUMAR KAIT, J NEENA BANSAL KRISHNA, J MARCH 16, 2023/ab Signature Not Verified W.P.(C) 6081/2021 Page 3 of 3 Digitally Signed By:ALKA BOBAL Signing Date:17.03.2023 16:53