Heard Sri J.N. Mishra, learned counsel for the petitioner, learned Standing Counsel for the State-respondents and Sri Kshitij Mishra, learned counsel for the opposite party No.4.
By means of this writ petition, the petitioner has prayed for the following reliefs:-
"(i) to issue a writ in the nature of certiorari to quash/ set-aside the order/ letter dated 30.04.2021 passed by the opposite party No.2 in respect of the petitioner which is being annexed as Annexure No.A-1 to this writ petition.
(ii) to issue a writ, order or direction in the nature of mandamus commanding the opposite party Nos.1 and 2 to grant No Objection Certificate/ Consent Letter for the course of Ultrasound (P.C. and P.N.D.T.) i.e. Pre-Conception and Pre-Natal Diagnostic Techniques from Sarojani Naidu Medical College, Agra, Uttar Pradesh.
(iii) to issue a writ, order or direction in the nature of mandamus commanding the opposite party No.4 to reserve the allotted seat of petitioner for the course of Ultrasound (P.C. and P.N.D.T.) i.e. Pre-Conception and Pre-Natal Diagnostic Techniques from Sarojani Naidu Medical College, Agra, Uttar Pradesh."
The contention of learned counsel for the petitioner is that the petitioner qualified for MBBS from Baba Raghav Das Medical College, Gorakhpur in the year 2017.
The Uttar Pradesh Public Service Commission (in short UPPSC) opened the vacancy for Medical Officer in the year 2019 thereby the petitioner was called for interview and got selected as Medical Officer (PMS) at PHC Mandawan Bujurg, District-Gonda.
During the year 2019-20, the petitioner appeared in NEET PG Examination which was held on 06.01.2020 and cleared the examination for the course of Pre-Conception and Pre-Natal Diagnostic Techniques (in short PC & PNDT) and got allotment letter issued from the office of the Director General, Medical Education & Training, U.P., Lucknow The Principal, S.N. Medical College, Agra issued a letter dated 10.03.2020/2021 whereby the petitioner was informed to take interim (Provisional) admission for training in the subject of Fundamentals in Abdomino-Pelvic Ultra Sonography, Level-I for MBBS Doctors which was allotted through online counselling. Thereafter, the petitioner appeared before the Head of the Department, Radio Diagnostic (PC & PNDT) on 12.03.2021 and completed all the due formalities and presented the documents as mentioned in letter dated 10.03.2020/2021 thereby the Principal, S.N. Medical College, Agra recommended for admission of the petitioner in PC & PNDT Ultrasonography Course. The petitioner deposited the required fee for this course.
Thereafter, the petitioner preferred an application dated 16.03.2021 to the opposite party No.6 to get the consent letter for the said course, thereby the opposite party No.6 provided consent and forwarded the report to the Director General, Medical & Health Services, U.P., Lucknow.
Thereafter, in lieu of grant of consent to the petitioner for the course, the Director General, Medical & Health Services sent a letter dated 19.03.2021 to the Under Secretary, Government of U.P., Medical Section-8 for issuance of No Objection Certificate. Despite the aforesaid letter dated 19.03.2021, no cognizance was taken by the government, therefore, the petitioner preferred a representation to the Special Secretary, Government of U.P., for grant of consent for the course in question, but to no avail. However, the petitioner received one letter on 30.04.2021 which was sent by the Deputy Secretary, Government of U.P. to the Director General, Medical & Health Services, U.P., Lucknow wherein it has been indicated that the petitioner has not been given No Objection/ Consent letter for undergoing the course in question. In the aforesaid letter dated 30.04.2021, which is impugned in the instant writ petition, no cogent reasons have been assigned. Therefore, being aggrieved against the letter dated 30.04.2021, the petitioner has filed this writ petition praying the reliefs, which have been quoted in the writ petition.
Learned counsel for the petitioner has drawn attention of this Court towards one office memo dated 29.10.2020 enclosed with the writ petition whereby for the same course one Dr. Kunal Kumar was issued No Objection/ Consent letter. The specific recital to this effect has been given in para-16 of the writ petition. Therefore, learned counsel for the petitioner has submitted that the course for which the petitioner is seeking No Objection/ Consent letter, Dr. Kunal Kumar has been issued No Objection/ Consent letter to that effect but the petitioner has been discriminated for no cogent reason. For the aforesaid hostile discrimination, the opposite parties have got no rhyme or reason.
Learned Standing Counsel has however tried to defend the aforesaid allegation of hostile discrimination referring para-10 of the counter affidavit wherein it has been indicated that the case of Dr. Kunal Kumar is not identical with the present petitioner, therefore, the petitioner may not claim parity with Dr. Kunal Kumar. He has also submitted that such No Objection/ Consent letter can be issued for pursuing the course which is three years PG Degree or two years PG Diploma course but the course of the petitioner is of six months, therefore, no such consent letter can be issued in the case of the petitioner.
On being confronted on the point that the facts and circumstances of the case of the present petitioner and of Dr. Kunal Kumar are identically same, even both have requested to pursue the same course, then why such permission has been given to Dr. Kunal Kumar and the petitioner has been denied for such permission by not issuing No Objection letter, the learned Standing Counsel could not justify this fact inasmuch as this fact is very much clear by perusing the records wherein the course of both the persons have been annexed.
Not only the above, learned Standing Counsel tried to defend the impugned order placing reliance of para-7 of the counter affidavit referring the relevant provisions but he could not defend the very submission of learned counsel for the petitioner that for pursuing the one and the same course one Doctor has been issued No Objection / Consent letter, namely, Dr. Kunal Kumar and the petitioner has been denied for the same for no cogent reason.
Therefore having heard learned counsel for the parties and perusing the material available on the record, I am of the considered opinion that the similarly placed person may not be discriminated by the authorities if the demand of one person is same which has been extended to another person. Further, if there is no legal or cogent explanation to this effect then this discrimination shall be treated as a hostile discrimination, and therefore, the same would be violative of Article 14 of the Constitution of India. Such hostile discrimination is considered as arbitrary action of the authority concerned, therefore, the same should not sustain in the eyes of law. The bare perusal of the relevant documents relating to the course of the petitioner and Dr. Kunal Kumar reveal that both Doctors were willing to pursue the same course and Dr. Kunal Kumar was issued No Objection letter whereas the present petitioner has been denied for the same.
In view of the aforesaid facts and circumstances, I find that the impugned order/ letter dated 30.04.2021 passed by the opposite party No.2 is arbitrary, discriminatory, unwarranted and violative of Article 14 of the Constitution of India, therefore, the same is hereby set aside/ quashed.
A writ in the nature of mandamus is issued commanding the opposite party Nos.1 and 2 to grant No Objection/ Consent letter to the petitioner to pursue the course of Ultrasound (P.C. & P.N.D.T.) i.e. Pre-Conception and Pre-Natal Diagnostic Technique from Sarojani Naidu Medical College, Agra, Uttar Pradesh, preferably within a period of fifteen days from the date of receipt of a certified/ computerized copy of this order.
Since learned counsel for the petitioner has informed that the seat for the course in question is still vacant, therefore, if it is still vacant, the same shall not be filled up permitting any other person to pursue the said course.
As soon as the said No Objection/ Consent letter is issued by the opposite party Nos.1 and 2, the opposite party No.4 shall do the needful, strictly in accordance with law, with expedition.
In view of the aforesaid terms, the writ petition is allowed.
No order as to cost.
Order Date :- 28.7.2021 Suresh/