Chandigarh: The Punjab and Haryana high court has held that if an NOC was granted to a medical officer of the state health department during his probation period for joining some other institute, the state authorities cannot deny the same to another medical officer citing "public interest". In this case, the Haryana government had refused to relieve a doctor who was selected as faculty member at the All India Institute of Medical Science (AIIMS), Bhopal.
Justice G S Sandhawalia has passed these orders while allowing a petition filed by Dr Abhijit Ramdas Rozatkar, who had joined as an assistant professor, department of psychiatry, at Shaheed Hasan Khan Mewati Government Medical College, Nalhar (Mewat), in 2013.
In March 2016, he had applied with the AIIMS, Bhopal. As per the terms of the advertisement, he applied for an NOC from the present college, which was duly forwarded on April 28, 2016, to the government. Meanwhile, he was appointed as associate professor, psychiatry department, in the Mewat medical college on probation for two years in January. As per rules, the petitioner could not apply for any post in government/public sector undertaking/private sector during the first five years after joining the service in the college and no NOC was to be issued for this purpose.
However, on July 25, he was appointed at the AIIMS Bhopal as associate professor for which he was required to bring the discharge/relieving certificate from the previous employer. In view of the appointment letter, the petitioner gave one month notice and resigned from the college in September. Following Haryana government's refusal to relieve him or give him an NOC, the petitioner had filed a petition.
Contesting the petition, the state had taken a plea that it took the decision in larger public interest and in view of the acute shortage of staff/teaching faculty in the medical college, as it would hamper patient care and teaching of MBBS students studying there. It was also argued that the petitioner was on probation.
Justice G S Sandhawalia has passed these orders while allowing a petition filed by Dr Abhijit Ramdas Rozatkar, who had joined as an assistant professor, department of psychiatry, at Shaheed Hasan Khan Mewati Government Medical College, Nalhar (Mewat), in 2013.
In March 2016, he had applied with the AIIMS, Bhopal. As per the terms of the advertisement, he applied for an NOC from the present college, which was duly forwarded on April 28, 2016, to the government. Meanwhile, he was appointed as associate professor, psychiatry department, in the Mewat medical college on probation for two years in January. As per rules, the petitioner could not apply for any post in government/public sector undertaking/private sector during the first five years after joining the service in the college and no NOC was to be issued for this purpose.
However, on July 25, he was appointed at the AIIMS Bhopal as associate professor for which he was required to bring the discharge/relieving certificate from the previous employer. In view of the appointment letter, the petitioner gave one month notice and resigned from the college in September. Following Haryana government's refusal to relieve him or give him an NOC, the petitioner had filed a petition.
Contesting the petition, the state had taken a plea that it took the decision in larger public interest and in view of the acute shortage of staff/teaching faculty in the medical college, as it would hamper patient care and teaching of MBBS students studying there. It was also argued that the petitioner was on probation.
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