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Judgment
HARPREET SINGH BRAR, J. (Oral)
With the consent of all the parties, the aforementioned writ petitions are taken up together and are being decided by this common order. However, for the sake of brevity, the facts are taken from CWP-2980-2025.
This Civil Writ Petition has been filed under Article 226/227 of the Constitution of India seeking issuance of a writ in the nature of Mandamus, directing Respondent Nos. 1 and 2, i.e. Pt. B.D. Sharma University of Health Sciences, Rohtak, to issue a No Objection Certificate (NOC) to the petitioner (Professor) in the Department of Physiology, for joining the two-year “Radio Diagnosis Diploma Course” at Government D.B. General Medical College, Churu, Rajasthan, which was allotted to the petitioner on 27.01.2025, despite the representations made by petitioner on 29.01.2025 and 30.01.2025, no decision has been taken and further directing the respondents to grant the petitioner study leave with all consequential benefits, including salary and lien on his post, and to relieve him to pursue the said course. The petitioner also seeks interim directions for issuance of the NOC in the prescribed format and to relieve the petitioner immediately forthwith, subject to the final outcome of the writ petition, or, in the alternative, for a direction to Respondent Nos. 7 and 8 to permit the petitioner to join the course as per schedule on 03.03.2025 without insisting upon the NOC.
Learned Senior Counsel for the respondent-University, at the outset, submits that nothing survives in the present writ petitions, as the petitioner has been granted study leave for a period of two years and has also been permitted to join the course. It is further submitted that the entire period of study leave has been ordered to be treated as duty period with full pay and allowances for two years. He has also placed on record order dated 02.02.2026, which is taken on record as Mark “X”. The Registry is directed to place the same at an appropriate place. A copy thereof has been supplied to learned counsel for the respondent.
Learned counsel for the petitioners, at this stage, wishes to withdraw the present writ petitions, having been rendered infructuous.
In view of the above, the present petitions are disposed of as having been rendered infructuous.
However, the petitioner would be at liberty to seek revival of the present petitions in case the factual position, as conveyed by learned Senior Counsel for the respondent-University, is found to be incorrect.
Pending miscellaneous application(s), if any, shall also stand disposed of.
Photocopy of this order be placed on the files of connected case(s).
