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18.07.2011. Post regularization, the petitioner passed his MD (Pediatrics) from Indira Gandhi Medical College, Shimla during the session 2013- 2016. After doing Post Graduation, the petitioner continued to serve Indira Gandhi Medical College .

Shimla. In the year 2023, the petitioner passed his Doctorate of Medicine in Neonatology from Post Graduate Institute Chandigarh.

3. On 6.11.2023, Annexure P-1, the of respondent No.4-AIIMS Bilaspur, advertised one unreserved post of Assistant Professor (Faculty Code rt

004) in Department of Neonatology. The petitioner being eligible applied for the said post which is clear from the Online Application, Annexure P-2. On 8.12.2023, Annexure P-3, Respondent No.4-AIIMS Bilaspur issued the "Provisional Eligible Candidates List" and the petitioner figured at Serial No.23 of the aforesaid communication. In the remarks column, it was specified that the candidature for recruitment was subject to issuance of "No Objection Certificate"

and other Certificates and subject to submission of renewal of Medical Registration Certificate by the petitioner.
4 The Respondent No.4-AIIMS Bilaspur issued the Interview Notice on 8.12.2023, Annexure P-5 whereby, the interview for the post of Assistant Professor (Neonatology) was fixed for 17.12.2023.
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5. Learned counsel for the petitioner has .

10. A perusal of the case records and the discussion made hereinabove, reveals that the petitioner has a fundamental right to be considered for employment/appointment for the post of Assistant Professor (Neonatology) under Respondent No.4-AIIMS Bilaspur (HP) and at the same time, once against 10 sanctioned posts as of Medical Specialists in Indira Gandhi Medical College, Shimla once the respondents have excessive manpower of 12 incumbents as on today, therefore, the contention of the learned Advocate General/State Authorities that the issuance of Provisional No Objection Certificate or Final No Objection Certificate would entail reduction in manpower is contrary to the records and is without any substance, therefore, the contention is outrightly .