Madhya Pradesh High Court
Dr. Aparna Tamaskar vs The State Of Madhya Pradesh on 17 January, 2019
HIGH COURT OF MADHYA PRADESH
Writ Petition No.970/2019
Jabalpur, dated 17.1.2019
Mr. Ashish Shroti, learned counsel for the petitioner.
Mr. G. P. Singh, learned Government Advocate for the
respondents-State.
Respondent no.1 on advance copy.
Issue notices to the respondent nos.2 and 3 by both the modes on payment of process fee within three days.
The notices be made returnable within four weeks. Heard on the question of interim relief. The petitioner herein is aggrieved on account of not being allowed to participate in the interview for the post of Professor (Anesthesiology) in the Super-Speciality Hospital at Jabalpur.
Presently, the petitioner is working as Professor in the Department of Anesthesiology in the Government Medical College at Ratlam. The reason why she is not being allowed to participate has orally been communicated to her as she does not possess a No-Objection Certificate (NOC) from the Dean of the Government Medical College, Ratlam permitting her to participate and to be considered for the post of Professor in the Department of Anesthesiology in the Super Speciality Hospital at Jabalpur.
Learned counsel for the petitioner submits that as per the advertisement that was issued inviting applications for the said post, nowhere does it say that there is a requirement for an NOC from the Dean of the previous Medical College of the Government.
Learned counsel for the petitioner has drawn the attention of this court to Clause 7.6 of the said advertisement which only states that before the incumbent is considered for appointment on the said post then before joining he or she shall resign from the previous post held with the previous Government Medical College.
In the said advertisement, there is no such condition where the requirement of an NOC is mandatory.
Under the circumstances, the petitioner shall be allowed to appear before the interview board scheduled on 21.1.2019 without insisting for an NOC during the pendency of the present writ petition. However, the result of her participation shall be subject to the final decision in this petition.
Link this writ petition along with Writ Petition Nos.12418/2018, 12579/2018, 14313/2018, 19971/2018, 12579/2018 and 12418/2018 and thereafter list all of them for analogous hearing.
Certified copy as per rules today.
(Atul Sreedharan) Judge ps PRASHAN Digitally signed by PRASHANT SHRIVASTAVA DN: c=IN, o=HIGH COURT OF MADHYA T PRADESH JABALPUR, postalCode=482001, st=Madhya Pradesh, 2.5.4.20=ece48d19937645a6267b9b5ec6a49fcd 15bfc04d16d24c3fe6b477bde7632d74, 2.5.4.45=032100BFC09C21F653197D5C6ABDD9 SHRIVAST 407ED291D50FA29DD7A75CB320970F5526F49 C03, serialNumber=b50f9acd70429d8e2206a4dcf7d 842519c8c350377a9375c8d8a94cf9dbc6def, cn=PRASHANT SHRIVASTAVA AVA Date: 2019.01.18 12:38:18 +05'30'