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BHASKAR RAJ PRADHAN
Deoraj Gurung – Appellant
Versus
State of Sikkim – Respondent
| Table of Content |
|---|
| 1. petitioner's application and noc details (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 2. respondents' argument on eligibility criteria (Para 12 , 18) |
| 3. court's analysis of eligibility criteria (Para 13 , 14 , 15 , 16 , 17 , 19 , 20 , 21 , 22) |
| 4. ruling on disposal of writ petition (Para 23) |
| 5. conclusion and order of the court (Para 24 , 25) |
JUDGMENT
Bhaskar Raj Pradhan, J. - Vide Office Order No.1171/G/DOP dated 19.03.2021 the petitioner was appointed as General Duty Medical Officer (GDMO) in the Junior Grade under General Duty & Public Health Wing of Sikkim State Health Service, Health and Family Welfare Department.
2. On 23.02.2021 the National Board of Examinations New Delhi inviting applications for National Eligibility cum Entrance Test (NEET-PG 2021. It transpires that the petitioner submitted the application online through the National Board of Examinations website. The examination was to be held on 18.04.2021 which was however postponed till further orders. On 13.07.2021 notice was issued by the National Board of Examinations informing that NEET-PG 2021 was rescheduled to be held on 11th September 2021.
3. On 08.09.2021 No Objection Certificate (NOC) was
The court ruled that the eligibility criteria imposed by the impugned memorandum were invalid as they contradicted existing Amendment Rules, thus allowing the petitioner to participate in postgraduat....
The amended eligibility criteria for medical admissions apply prospectively, and the appellant did not meet the continuous service requirement as of the cut-off date.
Point of law : It is a consistent law right from the very inception that Courts in the rarest of rare case can grant interim protection in the admission matters, when they are convinced that no injus....
Meritorious candidates who have pursued their legal right expeditiously without delay and have been denied admission to MBBS Course illegally or irrationally by the authorities for no fault of theirs....
Grant of study leave for doctors is not an absolute right and may be denied based on public service exigencies, especially during emergencies like a pandemic.
term “members of the service” or “in-service candidates” cannot be given a narrow interpretation to include only those persons, who are appointed under the Rules of 2009 or the pre-existing Rules
The denial of study leave to the petitioners was found to be unfair, and the court emphasized the importance of following the prescribed time schedule for admission to medical courses.
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