In a landmark judgment, the Himachal Pradesh High Court has censured the denial of a No Objection Certificate (NOC) and Extraordinary Leave to Dr. Anupam Sharma, a Senior Resident Doctor at Dr. YS Parmar Government Medical College, Nahan, as “highly unjust and arbitrary.” This decision came in the wake of Dr. Sharma’s efforts to participate in the NEET Super Specialty Course counselling after successfully clearing the NEET Super Specialty Examination 2023.
Also read- Himachal Pradesh High Court Rules Non-Reporting Under POCSO Act As Bailable Offence (lawchakra.in)
Justice Ranjan Sharma, who presided over the case, expressed strong disapproval of the actions of the Director of Health Services, Government of Himachal Pradesh. The court found that the Director’s failure to respond to Dr. Sharma’s application for NOC and Extraordinary Leave deprived him of his rights. In the words of Justice Sharma,
“the action of the respondent in sleeping over the matter and neither considering nor conveying any decision thereon amounts to depriving the petitioner of his rights.”
The court further criticized the state authorities for their handling of the situation. Justice Sharma observed,
“The fairness demanded that the respondents should have considered the case and passed an appropriate order.”
He went on to describe the actions of the state authorities as
“not only deplorable but at the same time has led to arbitrariness and perversity.”
The Advocate General, representing the state, contended that as per the policies framed, no NOC is to be granted. However, this argument was found lacking when the court reviewed the policies and noted that the NOC cannot be granted for a second post-graduation course, which was not the case for Dr. Sharma.
In conclusion, the High Court directed the respondents to issue the NOC to Dr. Sharma forthwith and also to hand over his original certificates. This would enable him to participate in the Counseling process. This ruling not only addresses the immediate concerns of Dr. Sharma but also sets a precedent for how educational and professional advancements of medical practitioners should be supported by administrative bodies. The judgment underscores the importance of fair and timely decision-making in matters affecting the career progression of individuals in the healthcare sector.