For 40 Seats Medical Dental graduates who are residents of the State of Punjab as per instructions of Department of Personnel PP II Branch companyveyed vide letter number1/3/95 3PPII/9619 dated 6/6/1996 and No.1/2/95 3PPII/81 dated 1/1/1999.
The first respondent in each of these appeals is an in service PDES doctor.
Any candidate in State Government employment shall produce a No Objection Certificate from his her employer.
Dr. V.K. Khullar was selected for MD Social and Preventive Medicine , Dr. G.S. Dhaliwal was selected for MD Skin D. and Dr. Kamal Kishore for MD Anesthesiology .
The amendment circular dated 30.7.2007 which introduced the requirement of 10 years service after companypletion of the companyrse was inapplicable to them as the prospectus numberification dated 17.3.2008 stated that they should only obtain an NOC in terms of the circular dated 13.5.1996 issued by the Punjab Government, and did number refer to the amendment memo dated 30.7.2007.
The said three candidates filed writ petitions in the Punjab Haryana High Court, praying for issuance of direction to the appellants herein, to issue NOCs to them to enable them to join the post graduate Medical companyrse and also sought a direction to the Government Medical College, Amritsar to permit them to join their respective companyrses.
The appellants submitted the following service particulars of the three candidates Sl.
x x x All PCMS PCMS Dental PDES doctors who are selected for admission to Post Graduate companyrses under 60 quota shall have to produce a No Objection Certificate from the Director, Health and Family Welfare Director, Research Medical Edcuation, Punjab, as the case may be before joining the companyrse in accordance with instructions issued by the department of Health Family Welfare vide memo No.26/12/94 5HB2/9990 dated 13/5/96 and any other instruction issued by Punjab Government.
These doctors would have to resign from the job in order to join the diploma PG companyrses in Medical Colleges of the state.
Clause 2 of the amendment Circular required the in service doctors who are selected for doing post graduate companyrses to give a bond for Rs.10 lacs undertaking to render government service for 10 years instead of a bond for Rs.2 lacs for five years service earlier prescribed and that if the candidate does number serve the government for the full period, he will have to give double of the amount of bond money to the government.
The relevant portions thereof are extracted below 1.1 The regular PCMS doctors having 3 years rural service including Adhoc service would be eligible for admission in diploma PG companyrses in State Medical College against 60 quota.
xxxx The PCMS doctors who are selected against 40 quota would number be issued any No Objection Certificate by Director health and family welfare.
The remaining seats shall be filled through the Post Graduate Entrance Test PGET .
Course companypletion of companyrse Dr. V.K. Khullar 2008 11 31.08.2012 1 year 2 months Dr. Kamal Kishore 2008 11 30.6.2019 8 years Dr. G.S. Dhaliwal 2008 11 31.8.2020 9 years 2 months The three writ petitioners first respondent in each of the appeals companytended as follows Dr. Kamal Kishore and Dr. G.S.Dhaliwal were eligible for admission to the companyrse in terms of the prospectus numberification dated 17.3.2008 and that they were also eligible to get NOC in terms of the circular dated 13.5.1996 which required the candidates admitted to the companyrse to serve for five years after companypletion of the companyrse.
The said orders are challenged in these appeals by special leave.
Clause 14 relates to allocation of seats and relevant portions thereof are extracted below In the Government institutions, 50 of the total seats in every such institution shall be filled by the Government of India on all India basis through an all India Competitive Entrance test.
On companypletion of the companyrse, the doctor would be reverted to PCMS cadre Those doctors who do number fulfill the companydition as mentioned in para No.1 in case they are selected for diploma PC companyrses would be given admission against the 40 quota.
emphasis supplied The said circular dated 13.5.1996 was amended by government Circular dated 30.7.2007.
xxxx As per the numberification issued by the Medical Education and Research Department, the candidates who are selected against 60 quota would be companysidered to be on deputation during the companyrse, but number be paid any deputation allowance.
The Government Circular Memo dated 13.5.1996 referred to in clause 14 xi of the Prospectus companytains the policy regarding issue of No Objection Certificate NOC for short .
They obtained and produced provisional No Objection Certificates, along with their applications.
Therefore, the No Objection Certificates were number issued.
The appellants submitted that the provisional NOCs issued to the three writ petitioners were declared invalid after verification as they did number companyply with the requirement of the circular dated 13.5.1996 as amended by circular dated 30.7.2007.
When they sought No Objection Certificates which had to be produced, the department found that all of them were due to retire within 5 to 12 years and companyld number render the required minimum companypulsory service for ten years after companypleting the three year Post Graduate Course.
Name of Doctor Duration of PG Date of retirement Service left after No.
The Government of Punjab issued a prospectus numberification dated 17.3.2008 for short the Prospectus regarding admission to post graduate degree diploma in Medical Dental Courses for the year 2008.
The High Court by three short identical orders disposed of the writ petitions with a direction to the Appellants the Principal Secretary, Department of Medical Education Research, Punjab and Director, Health Family Welfare, Punjab to verify the provisional NOCs issued to the writ petitioners within two weeks with a further direction to permit the writ petitioners to companytinue their studies.
V.RAVEENDRAN, J. Leave granted.
Dr. V. K. Khullar was ready to serve for five years after companypletion of the companyrse in 2011 and his retirement would number be a bar to his service as he companyld work on retirement on companytract basis.
For 60 seats In service PCMS PCMS Dental PDES The test shall be open to the candidates who have companypleted a minimum of three years rural service in PCMS PCMS Dental or a minimum of three years Education Service.
Those doctors who were selected for post graduation Super speciality would have to fill the bond for government service for five years as follows For PG companyrse Rs.
They applied for admission to the 2008 2011 post graduate companyrses.
The results of Entrance Examination 2008 were declared on 27.4.2008 and in the ensuing companynselling at the Baba Farid University on 12th and 21st May, 2008, they were selected and admitted to different Post Graduate Courses in General Category in the 60 quota for in service candidates.
It is companytended that only those in service candidates who had sufficient service and who were in a position to furnish a bond undertaking to serve for a period of 10 years companyld be selected for the PG companyrses and that the three writ petitioners were number eligible for getting the NOCs as they did number have ten years service after companypletion of the companyrse.
