Delhi High Court - Orders
Medical Cadet Soubhik Chakraborty vs Union Of India & Ors on 9 May, 2022
Author: Rekha Palli
Bench: Rekha Palli
$~2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 6081/2021
MEDICAL CADET SOUBHIK CHAKRABORTY
..... Petitioner
Through: Dr. S.K. Khattri, Adv.
versus
UNION OF INDIA & ORS.
..... Respondent
Through: Mr. Bhagvan Swarup Shukla, CGSC
with Mr. Kamaldeep, Adv.
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
ORDER
% 09.05.2022 CM APPL. 20979/2022 (by petitioner for direction)
1. This is an application filed by the petitioner seeking a direction to the respondents to issue him a provisional no objection certificate (NOC) in his favour after declaration of his final MBBS results in order to enable him to start his internship without any delay.
2. Upon notice been issued, a reply has been filed by the respondents wherein they have fairly submitted that they would have no objection to issuing him a provisional NOC to enable him to commence his internship in a recognized AFMS teaching hospital without any inordinate delay subject to the conditions set out in paragraph 6 of its reply. The said conditions read as under:
(a) That the applicant shall follow the final Signature Not Verified Digitally Signed By:GARIMA MADAN Signing Date:10.05.2022 15:40:52 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 ibid 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.
(d) That internship completion certificate shall only be issued to the applicant after the recovery of all pending dues including full amount of cost of training as decided by Hon'ble Court.
(e) That no monthly stipend (if applicant) shall be payable to the applicant during his internship on provisional NOC till he clears all pending dues including cost of training to the answering respondents.
3. Having considered the submissions of the parties and in the light of the stand taken by the respondents, the application deserves to be allowed subject to the petitioner filing an affidavit of undertaking within two weeks, in respect of condition nos. (a) to (d), noted hereinabove. Once the petitioner is being permitted to discharge his duties in a hospital as an intern, there is no reason as to why she should not receive the stipend paid to other interns. Moreover, in my view the conditions referred to in paragraph (a) to (d) will sufficiently protect the interest of the respondent, in the event the petitioner were to fail in the writ petition.
4. The application is accordingly allowed, however, the petitioner will be paid a monthly stipend, as is being paid to other similarly placed Signature Not Verified Digitally Signed By:GARIMA MADAN Signing Date:10.05.2022 15:40:52 interns in AFMS teaching institutes.
5. List on the date already fixed.
REKHA PALLI, J MAY 9, 2022 acm Signature Not Verified Digitally Signed By:GARIMA MADAN Signing Date:10.05.2022 15:40:52