- (1.) The petitioner, who is working as a Medical Officer in the Department of Health and Family Welfare, Punjab in the PCMS cadre, has filed the present writ petition seeking the issuance of a writ of mandamus directing the respondents to issue a 'No Objection Certificate' for purposes of admission/counselling to the Post Graduate Degree Course 2012 in the State of Punjab.
(2.) Admissions to various Post Graduate Degree/Diploma Courses in Medical Sciences in the Institutions situated across Punjab are made on the basis of merit through conduct of an entrance test. Government of Punjab, Department of Medical Education and Research has issued a notification dated 10.1.2011, notifying admission to the Post Graduate Degree/Diploma Courses for the year 2008 onwards in the Health Science Education Institutions in the State of Punjab. In terms of the notification, respondent No.4-University i.e. Baba Farid University of Health Sciences, Faridkot has been authorized and directed to conduct the common entrance test for admission to the Post Graduate Degree and Diploma Courses in the State of Punjab. The entire information including the notification dated 10.1.2011 has been provided in terms of issuance of prospectus of Post Graduate Entrance Test (PGET-2012) for admission to MD/MS/PG Diploma, MDS and DM/MCH Courses. In terms of clause 13 of the notification dated 10.1.2011, which forms a part and parcel of the prospectus, 50% of the total seats in the Government Institutions are to be filled by the Government of India on All India Basis through an All India Competitive Entrance Test. The remaining seats are to be filled through the Post Graduate Entrance Test (PGET). Out of such remaining seats, 60% seats are to be filled up from the eligible PCMS/PCMS (Dental)/PDES inservice doctors and 40% are open to all eligible medical/dental graduates. The eligibility conditions for the 60% seats in Post Graduate Degree for PCMS/PCMS (Dental)/PDES have been laid down under clause 13(a)(i) of the notification dated 10.1.2011 and the same read as under: "(a) For 60% Seats in Post Graduate Degree for PCMS/PCMS(dental)/PDES. i) Eligibility- The test shall be open to in service candidates of PCMS/PCMS (Dental) /Punjab Dental Education Service providedIn the case of PCMS/PCMS (Dental) Doctors who:- have cleared their probation period; and have completed a minimum of 3 years of rural services; and After completion of Post Graduate Course have minimum of 10 years service left; and Whose service record is good; and Against whom no vigilance inquiry/ departmental proceedings are pending."
(3.) Still further, under clause 13(ix), it has been stipulated that in case of PCMS/PCMS (Dental), a 'No Objection Certificate' from the Government in the Department of Health and Family Welfare will have to be submitted and such 'No Objection Certificate' will be issued in accordance with the instructions dated 18.1.2010 issued by the Department of Health and Family Welfare. The instructions dated 18.1.2010 are in the nature of the policy regarding issuance of the 'No Objection Certificate' to the PCMS/PCMS (Dental). Clause 2 relates to the 60% quota in post graduate/diploma/degree courses and under clause 2.5, a stipulation has been laid down that the doctors selected for the post graduate/diploma/degree courses shall submit a bond of the required service after completion of the course. Clause 2.5 of the instructions dated 18.1.2010 reads in the following terms: "2.5 Doctors selected for Post Graduate (Diploma/Degree) Courses will submit a bond of required service after completion of course accounting to following conditions:- JUDGEMENT_577_LAWS(P&H)7_20121.html;