- (1.) The petitioner is aggrieved of the order dated 17.6.2010 (Annexure P-17) passed by respondent No. 2 declining to grant "No I Objection Certificate" for admission to the Post Graduation Degree Course being conducted by respondent No. 4. Facts relevant for the purpose of this petition are being noticed here under:
(2.) The petitioner, after passing MBBS from Government Medical College and Hospital, Sector 32, Chandigarh applied for the post of Medical Officer in response to the advertisement issued by the Haryana Public Service Commission. He was selected and appointed as Medical Officer in HCMS Class-II post vide letter dated 9.7.2004 (Annexure P-1. He joined the service as Medical Officer at Community Health Centre, Rat, District Fatehabad on 23.7.2004. Thereafter he was transferred to rural area at Primary Health Centre Kullan, District Fatehbad where he worked upto 14.11.2006 and again transferred to Community Health Centre, Jakhal, District Fatehabad. It is stated that the petitioner rendered rural service in the State of Haryana for a period of more than three and a half years. The case of the petitioner is that he belongs to the State of Punjab and was always willing to serve in the State of Punjab. The petitioner accordingly applied for his absorption in the State of Punjab vide his letter dated 2.3.2009 (Annexure P-5) and was posted at Primary Health Centre, Moonak, District Sangrur on 10.3.2009. While issuing letter dated 2.3.2009, the petitioner was placed on probation for a period of two years. A further condition was incorporated that he will serve first three years in the rural area.
(3.) Respondent No. 4-University is entrusted with the responsibility of Inducting test for admission to various Post Graduate Degree/Diploma courses in the State of Punjab. These courses are meant for in service doctors as also from the open market. 60% quota is earmarked for PCMS Doctors who fulfil the conditions as laid down in Punjab Government memo dated 8.1.2010 (Annexure P- 6). The conditions relevant for the purpose of this petition incorporated in the aforesaid letter are reproduced here under: "l.Conditions for the course of Post Graduation (Diploma/Degree Course) and Super Speciality. XXX XXX XXX 1.2-Any candidate who is willing to do the course of Post Graduation (Diploma/Degree Course) and to give entrance for Super Speciality or to apply for some interview has to take No objection Certificate from the Director Health and Family Welfare Department. After passing of exams and before taking admission, candidate has to get No objection Certificate from the government. 1.3. XXX XXX XXX 1.4. Doctor would be relieved after admission only if he has applied for the No objection Certificate if service period after course remains as per the bond and bond amount and government will relieve him after the filling of bond. 2.Admission against quota of 60% in Government Medical College for Post Graduation (Diploma/Degree Course) in Punjab. XXX XXX XXX 2.2. Regular P.C.M.S. Doctors whose rural service is upto 3 years, probation period is complete, service record is proper and no vigilance/departmental & administration inquiry is pending, is eligible for 60% quota.";