Punjab and Haryana High Court Orders Issuance of NOC to Government Doctor for Pursuing Higher Education

Court Criticizes State's Arbitrary Denial of NOC Due to Pending Disciplinary Proceedings Over Minor Incident

In a significant judgment delivered by the Punjab and Haryana High Court, the bench comprising Justice Ashwani Kumar Mishra and Justice Rohit Kapoor directed the State of Haryana to immediately issue a No Objection Certificate (NOC) to Dr. Manoj, a government doctor, allowing him to pursue a Post-Graduate medical course. The decision comes amidst disciplinary proceedings initiated against Dr. Manoj for not standing upon the arrival of a Member of the Legislative Assembly (MLA) during his emergency duty at a government hospital during the COVID-19 pandemic.

The court expressed strong disapproval of the State's actions, terming them as arbitrary and insensitive. The disciplinary proceedings were initiated under Rule 8 of the Haryana Civil Services (Punishment and Appeal) Rules, 2016, following a Show Cause Notice (SCN) issued to Dr. Manoj. The petitioner had explained that his failure to recognize the MLA and stand was unintentional, which the authorities ignored, leading to prolonged disciplinary proceedings without resolution.

Highlighting the dedication required for medical education and the service provided by government doctors, the court stressed the importance of respecting and extending basic courtesies to medical professionals. The judges noted the disturbing trend of ill-treatment towards medical personnel by public representatives and called for immediate rectification of such practices.

Emphasizing the need for fairness, the court stated that denying Dr. Manoj the opportunity to pursue higher education based on the pending SCN was manifestly arbitrary and unjust. The bench directed the respondent-State to issue the NOC forthwith and imposed costs of Rs. 50,000 to be deposited with the Poor Patient Welfare Fund at PGIMER, Chandigarh.

The judgment serves as a reminder of the critical role medical professionals play and the respect they deserve in their service to the public. It also underscores the judiciary's role in ensuring fairness and justice in administrative actions affecting individual rights and career progression.

Bottom Line:

Denial of No Objection Certificate (NOC) to a government doctor for pursuing higher medical education on the basis of pending disciplinary proceedings is arbitrary and unjust.

Statutory provision(s): Haryana Civil Services (Punishment and Appeal) Rules, 2016

Dr Manoj v. State of Haryana, (Punjab And Haryana)(DB) : Law Finder Doc Id # 2811756