Himachal Pradesh High Court
Dr. Vandana Raghuvanshi vs State Of H.P. & Another on 9 March, 2022
Author: Jyotsna Rewal Dua
Bench: Jyotsna Rewal Dua
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Dr. Vandana Raghuvanshi versus State of H.P. & another CWP No. 1285 of 2022 09.03.2022 Present: Mr. Kulbhushan Khajuria, Advocate, for the petitioner.
Mr. Ajay Vaidya, Senior Additional Advocate General, for the respondents.
CWP No. 1285 of 2022 Notice. Mr. Ajay Vaidya, learned Senior Additional Advocate General, accepts notice on behalf of the respondents.
Reply be filed by the next date of hearing. List alongwith CWP No. 531 of 2022 on the date already fixed in that CWP.
CMP No. 2128 of 2022
2. By way of interim relief, the petitioner has prayed for grant of provisional No Objection Certificate (hereinafter referred to as 'NOC') for appearing in the interview for the post of Assistant Professor in the Department of Radiology at All India Institute of Medical Sciences, Bilaspur, District Bilaspur, H.P. (hereinafter referred to as 'AIIMS Bilaspur').
3. We have heard learned counsel for the parties.
4. The case of the petitioner is that she joined the respondentdepartment as Medical Officer in the year 2011.
She was appointed as Assistant Professor at Pt. Jawahar Lal Nehru Government College, Chamba, through H.P. Public Service Commission on 04.10.2019.
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5. Vide advertisement dated 23.12.2021, post of Assistant Professor at AIIMS Bilaspur has been advertised.
The petitioner is eligible for the said post, but she is required to submit NOC from the Government of Himachal Pradesh for appearing in the interview for the said post. The petitioner has applied for the post in question through proper channel.
The petitioner also filed an application to the Department requesting for issuance of NOC in her favour. However, the same has been denied by the respondents. It has been further contended that the petitioner has also received notice dated 25.02.2022 from AIIMS Bilaspur that she has been held to be provisionally eligible candidate for interview for the post in question and further that he has to submit NOC on or before 10.03.2022. The petitioner has an intention to progress in his career. However, for want of NOC, she will not be able to appear in the interview for the post in question.
6. In the similar circumstances, this Court vide a detailed order passed on 08.02.2022, in CMP No.1097 of 2022 in CWP No.531 of 2022, titled Dr. Bharti versus State of H.P. and others, after taking note of the previous orders passed in ::: Downloaded on - 09/03/2022 20:12:44 :::CIS .
: 3 : the similar matters as well as instructions issued by the respondents, had permitted the respondents to issue provisional NOC to the petitioner, therein, for appearing in the interview for the post in question. The operative part of the order reads as under: "In view of above primafacie observations and considering the fact that the interview is stated to be scheduled for 10.02.2022, in the interest of justice and in order to protect the interests of both the sides, it is deemed appropriate to modify the order dated 21.01.2022 to the extent that the respondents are permitted to issue provisional No Objection Certificate to the petitioner for appearing in the interview for the post in question. However, provisional No Objection Certificate shall be subject to the final outcome of the writ petition and will not create any right or equity in her favour. The order is being passed considering the circumstances detailed above. Learned Additional Advocate General submits that the provisional No Objection Certificate as aforesaid shall be issued in favour of the petitioner latest by 09.02.2022. The application is disposed of."
7. Hence, the petitioner is stated to be similarly situated. Therefore, the directions issued in the above extracted order shall mutatis mutandis apply to her also. Accordingly, the respondents are permitted to issue provisional NOC to the petitioner for appearing in the interview for the post in question. However, the provisional NOC shall be subject to the final outcome of the writ petition and will not create any right or equity in favour of the petitioner. The order is being passed ::: Downloaded on - 09/03/2022 20:12:44 :::CIS .
: 4 : considering the circumstances detailed above. Learned Senior Additional Advocate General submits that the provisional NOC, as aforesaid, shall be issued in favour of the petitioner today itself.
8. The application stands disposed of accordingly.
( Mohammad Rafiq ) Chief Justice ( Jyotsna Rewal Dua ) Judge March 09, 2022 ( rajni ) ::: Downloaded on - 09/03/2022 20:12:44 :::CIS