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Rajasthan High Court - Jodhpur

Arif Baig vs State Of Rajasthan on 27 August, 2022

Author: Rekha Borana

Bench: Rekha Borana

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
              S.B. Civil Writ Petition No. 11616/2022

Arif Baig S/o Afzal Baig, Aged About 34 Years, Resident Of A/43,
Kabir Nagar, Soorsagar Road, Jodhpur (Raj.).
                                                                   ----Petitioner
                                   Versus
1.      State Of Rajasthan, Through Its Secretary, Medical And
        Health Department, Secretariat, Jaipur (Raj.).
2.      The   Secretary,   Medical   Education      Department,
        Government Of Rajasthan, Secretariat, Jaipur (Raj.).
3.      The Deputy Secretary To The Government, Medical Health
        (Group-2) Department, Secretariat, Jaipur.
4.      The Director (Public And Health), Directorate Of Medical
        And Health Services, Tilak Marg, C-Scheme, Jaipur (Raj.).
5.      The Chief Medical And Health Officer, Jodhpur.
                                                                ----Respondents


For Petitioner(s)        :     Mr. Yashpal Khileree
For Respondent(s)        :     Mr. Kailash Choudhary for
                               Mr. Manish Vyas, AAG



            HON'BLE MS. JUSTICE REKHA BORANA

Order 27/08/2022 The present writ petition has been filed with the prayer for grant of NOC to the petitioner for pursuing his PG Medical Course/ DNB Course in pursuance to the NEET PG-2022.

On 16.08.2022, the copy of the writ petition was served on learned counsel for the respondents and he prayed for time to complete his instructions on 18.08.2022 and even on 24.08.2022 and 25.08.2022.

Today also, learned counsel for the respondents is not in a position to submit anything on merits and states that he has not received any factual report or instructions in the present matter. (Downloaded on 27/08/2022 at 09:55:34 PM)

(2 of 2) [CW-11616/2022] Heard learned counsel for the petitioner and perused the material available on record.

As submitted on record, vide circular dated 05.07.2022, the State Government itself has issued fresh directions whereby it has been directed that the officers and employees of the medical and health services would not be required to obtain NOC from the Department for the purposes to participate in any examination/interview/other educational activities. Therefore, as the requirement of obtaining NOC for the purposes to participate in examination is concerned, the same has been done away by the State Government and therefore, the said issue does not require any further consideration.

So far as the grant of NOC to the petitioner being in-service candidate is concerned, learned counsel for the respondents could not point out any ground or reason why the same has been denied to him.

In view of the said fact, it is hereby directed that the NOC to the petitioner for pursuing PG Medical Course being in service candidate be issued within a period of two days. If the petitioner is found eligible for admission in the PG course, he may further be relieved for completion of the said course.

With the above observations, the present writ petition is disposed of.

Stay petition also stands disposed of.

(REKHA BORANA),J 270-T.Singh/-

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