Rajasthan High CourtVijay Vaishnav vs National Health Mission on 28 April, 2020Author:Ashok Kumar GaurBench:Ashok Kumar GaurHIGH COURT OF JUDICATURE FOR RAJASTHAN\n                   BENCH AT JAIPUR\n\n                 S.B. Civil Writ Petition No. 5428/2020\n\nVijay Vaishnav, 01, Parshvnath Colony, Near To Panchayat\nSamiti, Talera, Bundi.\n                                                                   ----Petitioner\n                                    Versus\nNational Health Mission, Mission Director, Directorate, Medical\nAnd Health Services, C-Scheme, Tilak Marg, Jaipur.\n                                                                 ----RespondentFor Petitioner(s)         :     Mr.Rishabh Khandelwal\nFor Respondent(s)         :     Mr.Vivek Tyagi, Dy.GC\n\n\n\n         HON'BLE MR. JUSTICE ASHOK KUMAR GAUR\n\n                                     Order\n\n28/04/2020\n\n     Heard      learned   counsel       for    the     parties   through    video\n\nconferencing.Learned counsel for the petitioner submitted that the\n\npetitioner was granted admission in MD/MS Course in Ayurved\n\nwithout seeking 'NOC', as per the interim order passed by the\n\nCoordinate Bench of this Court vide order dated 24 th September,\n\n2019 in SB Civil Writ Petition No.14163/2019.Learned counsel further submitted that now by the impugned\n\norder dated 12th March, 2020, the respondent - State Government\n\nhas issued an order, whereby it has been directed that disciplinary\n\nproceedings/action will be taken against the petitioner, as he had\n\nnot sought 'NOC' before joining the course and further, the\n\npetitioner was working on contractual basis only and as such, not\n\nentitled for grant of 'NOC'.(Downloaded on 28/04/2020 at 08:34:27 PM)(2 of 2)                    [CW-5428/2020]\n\n\n\n                                          Learned counsel for the respondents submitted that the\n\n                                   factual    report     is     being      collected       and      due    to   outbreak   of\n\n                                   'Coronavirus', the Officer In-charge has not been able to make any\n\n                                   contact with him.Learned counsel for the respondents sought some time to file\n\n                                   response to the writ petition.This Court, prima facie, finds that due to interim order\n\n                                   passed by the Coordinate Bench of this Court on 24 th September,\n\n                                   2019, the petitioner is already pursuing his MD/MS Course in\n\n                                   Ayurved and now any action, which is taken against him to\n\n                                   terminate his service, will not be appropriate.Learned counsel for the respondents is directed to file reply\n\n                                   to the writ petition within three weeks.Let this case be listed after three weeks along with the\n\n                                   connected matters.In the meanwhile, the respondents are restrained to take\n\n                                   any action against the petitioner in pursuance of the order dated\n\n                                   12th March, 2020 and services of the petitioner may not be\n\n                                   discontinued only on account of not getting 'NOC' from his\n\n                                   employer.(ASHOK KUMAR GAUR),J\n\n                                   Preeti Asopa /Himanshu/24(Downloaded on 28/04/2020 at 08:34:27 PM)Powered by TCPDF (www.tcpdf.org)