Denial of leave to doctor for NEET counselling unjust, arbitrary: Himachal HC

The high court of Himachal Pradesh has found the denial of no-objection certificate (NOC) and not allowing extra ordinary leave to a senior resident doctor to participate in a super specialty course counselling by the director health services as “unjust and arbitrary”.

The high court directed the respondents to issue the NOC and hang over the original certificates required by the petitioner for pursuing higher studies.

Justice Ranjan Sharma passed the order on a petition filed by Dr Anupam Sharma. The petitioner, serving as senior resident (general surgery), in the Dr YS Parmar Government Medical College, Nahan, had qualified the NEET super specialty examination conducted by the National Medical Council and applied for leave to pursue higher studies.

The respondents neither acceded to the request of the petitioner nor conveyed a decision in this regard. The petitioner was informed verbally on November 6 that the NOC could be issued, the petition said. The doctor moved HC.

The court observed that the action of the respondent in neither considering nor conveying any decision thereon amounts to depriving petitioner of his rights, and the fairness demanded that the respondents should have considered the case and passed an appropriate order. The court further observed that the action of the state authorities “deplorable and has lead to arbitrariness and perversity.”

The advocate general, appearing for the state, contended that according to the policies framed in this regard, no NOC is to be granted. However, after going through the policies, the court found the rules to be contrary.