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Medical Cadet Daanish vs Union Of India ( Through Defence ... on 16 March, 2023

Author: Suresh Kumar Kait

Bench: Suresh Kumar Kait, Neena Bansal Krishna

                          $~26
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      W.P.(C) 2811/2022
                                 MEDICAL CADET DAANISH                                ..... Petitioner
                                                    Through:      Dr.S.K. Khattri, Advocate.

                                                    versus

                                 UNION OF INDIA ( THROUGH DEFENCE
                                 SECRETARY ) AND ORS.                  ..... Respondents
                                               Through: Mr.Neeraj, SPC with Mr.Sahaj
                                                        Garg, Mr.Rudra Paliwal, 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. 12753/2023

1. Present application has been filed on behalf of the petitioner seeking directions to the respondents to issue No Objection Certificate after declaration of Final MBBS results to enable the petitioner to start his internship without any delay.

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 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 decided by the Hon'ble Delhi High Court in the 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.

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, subject to the petitioner's filing an affidavit of undertaking within two weeks, in respect of the abovementioned conditions.

6. Application is, accordingly, disposed of.

SURESH KUMAR KAIT, J NEENA BANSAL KRISHNA, J MARCH 16, 2023/ab Signature Not Verified W.P.(C) 2811/2022 Page 2 of 2 Digitally Signed By:ALKA BOBAL Signing Date:17.03.2023 16:53