Allahabad High Court
Dr. Aayush Srivastava vs State Of Uttar Pradesh And 2 Others on 20 May, 2025
Author: Ajit Kumar
Bench: Ajit Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2025:AHC:84169
Court No. - 4
Case :- WRIT - A No. - 7016 of 2025
Petitioner :- Dr. Aayush Srivastava
Respondent :- State Of Uttar Pradesh And 2 Others
Counsel for Petitioner :- Pavan Kumar Srivastava
Counsel for Respondent :- C.S.C.
Hon'ble Ajit Kumar,J.
1. Heard Sri Pavan Kumar Srivastava, learned counsel for the petitioner and learned Additional Chief Standing Counsel for the State.
2. By means of this writ petition filed under Article 226 of the Constitution of India, petitioner wants direction to respondent nos. 1 and 2 to grant no objection certificate to the petitioner to apply for admission in Post Diploma of National Board in Orthopaedics for a period of two years.
3. It is submitted by learned counsel for the petitioner that petitioner has already furnished bond in this regard before the Director, Medical Health Services, Uttar Pradesh, Lucknow on 05.10.2021 that he would be serving as per Government Order and also as per the bond after completion of Diploma course. He further submits that the controversy is no more res integra in the light of the judgment of Dr. Vijay Kumar Gupta and 2 others Vs. State of U.P. and others (Writ A No. 563 of 2022) which stood disposed of by co-ordinate Bench of this Court at Lucknow on 08.02.2022 following the judgment of a Co-ordinate Bench of this Court in the case of Dr. Manoj Singh and others Vs. State of U.P. and others ( Writ Petition No. 28403 (S/S) of 2021 as the said order has remained unchallenged till date. The relevant paragraphs of the order dated 08.02.2022 are reproduced hereunder:-
"3. Learned counsel for petitioners submits that similar controversy had arisen in Writ Petition No.28403 (S/S) of 2021; 'Dr. Manoj Singh & Others Vs. State of U.P. & Others' in which this Court passed the following order:-
"1. Heard learned counsel for the petitioners as well as Mr. Sanjay Mishra, learned Additional Chief Standing Counsel, representing the respondents-State, and gone through the record.
2. As it comes, petitioners no. 1 completed MBBS Course in the year 2012 and MS (Surgery) in the year 2021, petitioner no. 2 completed MBBS Course in the year 2012 and MS (ENT) in the year 2021, while petitioner no. 3 completed MBBS Course in the year 2012 and MD (Obstetrics & Gynaecology) in the year 2021. Petitioner no. 1 is working at District Hospital, Aligarh, petitioner no. 2 is working at District Hospital, Fatehpur and petitioner no. 3 is working at District Hospital, Ayodhya at present.
3. The petitioners have accepted bonds with the Government of Uttar Pradesh that they would work for a minimum period of ten years in Government Hospitals in the State.
4. Now, the petitioners want to pursue Senior Resident-Ship. The petitioners have applied before the State Government for granting them 'No objection Certificate' (for short "NOC") to apply for Senior Resident-Ship for one year. The Government has not taken a decision on the said application till date.
5. This Court, vide order dated 04.12.2021 directed Mr. Sanjay Mishra, learned ACSC, to obtain instructions in the matter. Mr. Mishra has obtained written instructions and submitted that in view of the bonds, submitted by the petitioners for rendering their services in Government Hospital for ten years in the State, the Government cannot grant NOC to the petitioners for pursuing one year's Senior Resident-Ship. It is further submitted that few persons have been given NOC on the basis of the orders passed by this Court, such as, Dr. Shobhit Mohan and Dr. Shiv Kumar.
6. It is submitted that the petitioners are ready to not only complete ten years period of the bonds, but also to render one year's extra service in Government Hospital, in addition to ten years.
7. Considering the submissions of learned counsel for the parties, undertaking given on behalf of the petitioners that they would not only complete ten years period but would also render one year extra service in Government Hospital, this petition is disposed of with a direction to the respondents to issue NOC to the petitioners for applying one year's Senior Resident-Ship with the condition that they would complete remaining bonds' period in Government Hospital and shall rendered one year's extra service, total eleven years, with the Government Hospital."
4. Petitioners claim benefit of the aforesaid order.
5. Learned Standing Counsel submits that in the aforesaid case, application of petitioners were not rejected, however, in the present case, applications of petitioners are rejected.
6. Whether the applications of petitioners are rejected or not, in case of Dr. Manoj Singh (supra) also the NOC was not granted, therefore, issue before the Court remains the same. It is also admitted that the State has not filed any S.L.P. against the order passed in Dr. Manoj Singh (supra) case till date, therefore, petitioners are also entitled for the benefits.
7. Since, petitioners are ready to give undertaking that they would not only complete ten years period but would also render one year extra service in Government Hospital, this petition is disposed of with a direction to the respondents to issue NOC to the petitioners for applying one year's Senior Resident-Ship with the condition that they would complete remaining bonds' period in Government Hospital and shall rendered one year's extra service, total eleven years, with the Government Hospital."
4. It is contended by learned counsel for the petitioner that in the above regard petitioner has also approached the competent authority namely respondent no. 2 by making a representation on 06.05.2025, but no decision has been taken thereupon by respondent no. 2.
5. Learned Standing Counsel submits that since the petitioner has already represented the matter before respondent no. 2, he may be directed to look into and consider the claim of the petitioner with regard to no objection certificate for admission inPost Diploma of National Board in Orthopaedics as claimed by the petitioner and dispose of the same in accordance with law.
6. In such above view of the matter, this petition stands disposed of with direction to respondent no. 2 to consider the request of the petitioner for grant of no objection certificate to apply forPost Diploma of National Board in Orthopaedics for two years as the petitioner has himself furnished bond in terms of Government Order to serve the provincial health service after completion of course and also in light of the judgment of this Court relevant paragraphs thereof, have been reproduced above.
7. Appropriate decision shall be taken within ten days from today and in any case by 03.06.2025.
Order Date :- 20.5.2025
Deepika
