Shimla: High Court of Himachal Pradesh delivered a scathing verdict, condemning the Director of Health Services, Government of Himachal Pradesh, for unjustly denying a No Objection Certificate (NOC) and refusing Extra Ordinary Leave to a Senior Resident Doctor.
The verdict came in response to a petition filed by Dr. Anupam Sharma, currently serving as Senior Resident in General Surgery at Dr. Y.S. Parmar Government Medical College, Nahan.
Dr. Sharma, having successfully qualified in the NEET Super Specialty Examination 2023 conducted by the National Medical Commission, sought the necessary approvals from the Director of Health Services to pursue higher studies in the NEET Super Specialty Course. However, the authorities neither granted the NOC nor communicated any decision on the matter.
Justice Ranjan Sharma, presiding over the case, criticized the respondents for their inaction, emphasizing that it deprived the petitioner of his rights. The Court expressed displeasure, stating that the fairness of the situation demanded a timely and considered response from the authorities. The Court further denounced the state authorities, describing their actions as deplorable, arbitrary, and leading to perversity.
In defense, the Advocate General representing the respondents argued that the policies in place did not permit the issuance of an NOC for a second post-graduation course. However, upon scrutiny, the Court found that the petitioner's case did not fall within the scope of such a restriction. Consequently, the Court directed the immediate issuance of the NOC in favor of Dr. Anupam Sharma. Additionally, the respondents were instructed to return the original certificates to facilitate the petitioner's participation in the counseling process for the NEET Super Specialty Course.
