The right to education is a fundamental right under Article 21 of the Constitution, and cannot be denied based on the pendency of departmental or criminal proceedings against an in-service candidate.

JUDGMENT :

(G.S. Kulkarni, J.)

1. A short question which arises for consideration in the present proceedings is whether the right of an in-service candidate to pursue a post graduation in medicine, can be taken away by denying a 'no objection', merely for the reason of pendency of a departmental enquiry.

2. This Petition, under Article 226 of the Constitution of India, has prayed for the following substantive relief.

"a) Be pleased to issue writ of certiorari or writ in nature of certiorari, or any other appropriate writs, orders, directions, calling from the record and proceedings of the impugned order dated 30/01/2024 and 09.02.2024, and after going through the legality validity and proprietary of the same, be pleased to quash and set aside order of rejection of No objection certificate/letter dated 30/01/2024 and 09.02.2024 issued by the Respondents and further be a pleased to direct the Respondents to issue No objection certificate being in service candidate for PG Course the reasons and circumstances mentioned herein above."

3. The petitioner is a qualified doctor having an MBBS degree. He is in the service of the Government of Maharashtra as a Medical Officer, since 12th May 2015. He is presently posted at the Indira Gandhi Memorial Hospital, Bhiwandi, District Thane.

4. The petitioner intends to pursue a Post Graduation Course in Medicine, as an in-service candidate, for which he is required to apply for the National Eligibility cum Entrance Test (NEET P.G.). To pursue the post graduation course, as an in-service candidate, he is required to obtain a No Objection Certificate (NOC) from the Deputy Director of Health Services-Respondent No. 2.

5. It is the petitioner's case that earlier, the petitioner had obtained a NOC in October 2021 to appear at the NEET P.G. examination. Such NOC was granted to the petitioner on 23rd February 2021. The petitioner had duly filled up the NEET P.G. 2021 application form. He appeared at the said examination in which he scored 247 marks. The petitioner had accordingly become eligible for admission to the P.G. course. However, the petitioner could not pursue the P.G. course, as the NOC granted to him, was cancelled by respondent no.2 on the ground that the petitioner was involved in criminal proceedings lodged by his wife inter alia alleging an offence punishable under Sections 493 and 498A of the Indian Penal Code. Also divorce proceedings were initiated between the petitioner and his wife, (Petition No. A-106/2021 dated 24th January 2024) which are stated to be disposed of by a decree of divorce being granted dissolving the marriage.

6. In the above circumstances, the petitioner, being aggrieved by the cancellation of the NOC and the consequent inability of the petitioner to pursue the P.G. course had approached this court in Writ Petition No. 4045 of 2022. By an Order dated 7th April 2022, a co-ordinate Bench of this Court rejected the said Writ Petition. Being aggrieved by such orders passed by this Court, the petitioner approached the Supreme Court by filing a Special Leave Petition, which was rejected by the Supreme Court by an Order dated 13th May 2022 which inter alia recorded that the observations made in the judgment of this Court should be restricted only for the purpose of deciding the said case and not otherwise.

7. It is the case of the petitioner that, in the earlier proceedings, the respondents had contended that the pendency of the criminal case as instituted by the petitioner's wife was not disclosed in the application filed for NOC and/or for appearing for the NEET P.G. examination. It was hence held that the recall of the NOC was justified.

8. To pursue his inherent desire and interest in higher education, the petitioner again duly filled up the relevant form for obtaining an NOC, in which he disclosed all the necessary particulars so that he would be granted an approval to appear for the NEET P.G. which is scheduled to be held in May/ June 2024. However, such application of the