JUDGMENT :

SANDEEP MOUDGIL, J.

Prayer

1. The jurisdiction of this Court has been invoked under Articles 226 of the Constitution of India for the issuance of writ in the nature of Certiorari to set aside the order dated 15.12.2025 (Annexure P-8), whereby the Petitioner has been denied issuance of a No Objection Certificate (NOC) for consideration under the 'in-service' quota for admission to Post- Graduate Courses, for the academic session 2025- 26, pursuant to the NEET-PG 2025 with a further prayer to issue 'No Objection Certificate' (NOC) to the Petitioner for due consideration for admission for the academic session 2025-26, pursuant to the NEET- PG 2025 examination.

Brief facts

2. The petitioner is presently serving as a Medical Officer at District Civil Hospital, Gurugram. The National Board of Examinations in Medical Sciences issued a notification dated 16.04.2025 (Annexure P-1) for conducting the NEET-PG 2025 examination. The petitioner, intending to pursue higher medical education and enhance her professional qualifications, informed her immediate superior about her intention to appear in the said examination. Subsequently, the examination schedule was revised and the examination was ultimately conducted on 03.08.2025.

3. The Health Department, Haryana issued a notification dated 20.06.2025 (Annexure P-4) regarding the procedure for admission to Post Diploma DNB courses for the academic session 2025–2026, which provided that a certain percentage of seats in Government Medical Colleges would be reserved for in-service candidates subject to fulfillment of eligibility conditions, including obtaining a No Objection Certificate (NOC) from the competent authority.

4. The petitioner appeared in NEET-PG 2025 and secured a score of 287 with an All India Rank of 109725 and was called for counselling. Being an in- service Medical Officer, she became eligible for consideration under the in-service quota subject to issuance of an NOC by the competent authority. Accordingly, the petitioner applied for issuance of the NOC through the proper channel on 02.09.2025 (Annexure P-5).

5. However, the competent authority rejected the request vide impugned order dated 15.12.2025 (Annexure P-8) on the ground that a departmental enquiry under Rule 7 of the Haryana Civil Services (Punishment and Appeal) Rules, 2016 (for short ‘Rules 2016’) was pending against the petitioner. The enquiry relates to allegations of absence from duty during the period from 05.08.2020 to 20.01.2022.

6. Aggrieved by the same, the present petition has been filed.

Contentions on behalf of the Petitioner

7. Learned counsel for the petitioner contends that the impugned order dated 15.12.2025 (Annexure P-8) has been passed solely on the ground of pendency of a departmental enquiry, which is arbitrary and unsustainable, as the enquiry has not culminated in any finding of guilt.

8. It is submitted that the allegations in the enquiry merely pertain to the alleged absence from duty and do not involve any element of corruption, moral turpitude, or lack of integrity. Therefore, such allegations cannot justify denial of the petitioner’s opportunity to pursue higher education.

9. Counsel further argues that the petitioner has qualified NEET-PG 2025 and is otherwise eligible under the applicable policy. Denial of NOC on the basis of unproven allegations causes serious prejudice to the petitioner’s professional advancement. It is thus, contended that the impugned action imposes adverse civil consequences without adjudication of guilt and is arbitrary violative of Articles 14 and 21 of the Constitution of India.

Analysis

10. Having heard learned counsel for the petitioner and having perused the record, this Court finds no merit in the present petition. The primary grievance of the petitioner is against the order dated 15.12.2025 (Annexure P-8) whereby the competent authority declined to issue a No Objection Certificate (NOC) to the petitioner for pursuing the Post Diploma DNB course under the in-serv