Himachal Pradesh High Court
Dr. Ranesh Kumar And Others vs State Of Himachal Pradesh And Others on 3 March, 2020
Bench: L. Narayana Swamy, Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.994 of 2020
Decided on: 3rd March, 2020
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Dr. Ranesh Kumar and others
.
.....Petitioners
Versus
State of Himachal Pradesh and others
.....Respondents
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Coram
The Hon'ble Mr. Justice L. Narayana Swamy, Chief Justice
The Hon'ble Ms. Justice Jyotsna Rewal Dua, Judge
Whether approved for reporting?1
For the Petitioners: Mr. Adarsh K. Vashista, Advocate.
For the Respondents: Mr. Ajay Vaidya, Senior Additional
Advocate General, for respondents
No.1 and 2.
Mr. Vikrant Thakur, Advocate, for
respondent No. 3.
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Jyotsna Rewal Dua, Judge (Oral)
Notice. Mr. Ajay Vaidya, learned Senior Additional Advocate General and Mr. Vikrant Thakur, Advocate, waive service of notice on behalf of respondents No.1 & 2 and respondent No.3, respectively.
2. This writ petition has been filed seeking following substantive reliefs:-
"i) That a writ in the nature of certiorari may kindly be issued for quashing the impugned communication, dated 13.2.2020 Annexure P-9, ::: Downloaded on - 04/03/2020 20:26:09 :::HCHP 2 which has been received in the Office of petitioners on 26.2.2020, in the interest of justice.
ii) That a writ in the nature of mandamus may kindly be issued directing the Respondents to grant 'No Objection Certificate' in favour of the .
Petitioners for participation in the recruitment process initiated by the Respondents by way of advertisement No. 25/2019 dated 27.12.2019 Annexure P-7 for the posts of Assistant Professors in the discipline of surgery in favour of Petitioners No. 1 & 2 and in the discipline of OBG in favour of Petitioner No. 3 in SLBS Government Medical College, Ner Chowk, Mandi, in the interest of justice."
3. Petitioners have applied for two posts of Assistant Professors in the discipline of General Surgery and one post of Assistant Professor in the discipline of Obstetrics & Gynaecology, advertised by respondents in Shri Lal Bahadur Shastri Government Medical College at Ner Chowk, District Mandi. Vide Annexure P-9, dated 13.02.2020, respondent No.2 has ordered to keep the No Objection Certificates, issued in favour of the petitioners, in abeyance till a clarification is received in that regard from the State Government, whereas the interviews for the posts are stated to be scheduled from 03.03.2020.
4. When the matter was taken up today, learned counsel for respondent No.3 submitted that respondent ::: Downloaded on - 04/03/2020 20:26:09 :::HCHP 3 No.3 has decided to accord provisional No Objection Certificates to the petitioners to appear in the interview for the post of Assistant Professors in Surgery and OBG in Shri .
Lal Bahadur Shastri Government Medical College at Nerchowk, District Mandi.
5. In view of the above statement, the present writ petition has become infructuous as of now. It shall however be open to the State Government to issue clarification in accordance with law, respect of Senior Residency tenure of the petitioners as sought in Annexure P-9, whereafter appropriate action, in will be taken by the other respondents.
Liberty is reserved to the petitioners to seek their remedy, in accordance with law, in case they still feel aggrieved.
The writ petition is disposed of accordingly, so also the pending miscellaneous application(s), if any.
(L. Narayana Swamy) Chief Justice (Jyotsna Rewal Dua) Judge March 03, 2020 Mukesh ::: Downloaded on - 04/03/2020 20:26:09 :::HCHP