Rajbati Markam (A.N.M.) vs State Of Chhattisgarh

The Petitioner has preferred the instant petition challenging the impugned letter/order dated 31.3.2021 (Annexure P14) issued by the Directorate of Health Services, whereby the application of the Petitioner regarding NOC/permission for admission in B.Sc. Nursing Course was not considered and returned back to C.M.O. without issuing NOC/permission. Further challenge is to the letter dated 24.8.2021 (Annexure P24) issued by the Government Nursing College, Maharani Hospital, Jagdalpur, whereby it is informed to the Petitioner that if NOC is not submitted, her admission will be cancelled and she will be liable for the consequences.

Facts of the case, in short, are that the Petitioner has been working under the Directorate of Health Services since 2007 and presently posted as Rural Health Coordinator at P.H.C., Farasgaon, District Kondagaon under the Health Department, Government of Chhattisgarh. For admission in B.Sc. Nursing Course, applications were invited for entrance test by the Directorate, Medical Education on 24.1.2020, but, due to Corona Pandemic, entrance test was cancelled and again on 21.8.2020, applications were invited online to select on the basis of marks obtained in 10+2 examination. Again on 10.12.2020 vide notification (Annexure P3), time was given from 13.12.2020 to 15.12.2020 for online registration for the nursing course. The Petitioner submitted her application on 15.12.2020. Counseling was fixed for 24.12.2020 and the Petitioner participated in the counseling and she was allotted the Government College of Nursing, Maharani Hospital, Jagdalpur and a provisional allotment letter dated 24.12.2020 was issued in her favour vide Annexure P5. Meanwhile, on 23.12.2020, the Petitioner submitted her application for permission/NOC in the C.H.C., Farasgaon and also submitted Appendix 1 for permission to sit in the entrance examination. Both the application and the appendix with provisional allotment letter and recommendation in Appendix 2 were forwarded to the Directorate of Health Services by C.M.O. on 29.12.2020 vide Annexure P8. The Petitioner in anticipation of issuance of the NOC, deposited the fees of Rs.28,600 for the training course on 29.12.2020 as per rules. On 19.2.2021, the Directorate, Health Services issued a letter to the C.M.O., Kondagaon and others mentioning that the names of the candidates for nursing training course were not received in order to seniority and also directed that after fulfilling the requirement as mentioned in Column 9 of the letter names of the candidates be sent along with provisional allotment letter and bond for obtaining permission/NOC. As the Petitioner is in service for the last 13 years, again her name was recommended by the C.M.O., Kondagaon on 24.2.2021 along with requisite documents vide Annexure P12. When a representation was made by the Petitioner on 26.3.2021 that the nursing training college has been asking for NOC and if the NOC is not submitted in time her admission may be cancelled, on 31.3.2021, the Directorate of Health Services issued a letter to the C.M.O., Kondagaon mentioning that the Petitioner has not obtained any prior permission for submission of online application. Thereafter, the Petitioner again and again made her representation in this regard, i.e., for issuance of NOC, but, till date, NOC has not been issued to her and in the meanwhile the Government Nursing College, Jagdalpur has been continuously issuing letters to the Petitioner for submission of NOC mentioning that if the NOC is not submitted in time the amount deposited by her shall be forfeited and she has to deposit additional amount in lieu of the bond executed by her. Hence, this petition by the Petitioner, wherein, it is prayed that the Respondents be directed to consider the Petitioner’s application for issuance of NOC and they be further directed to issue NOC accordingly. It is further prayed that the Respondents 4 and 5 be also directed not to cancel the admission of the Petitioner till the NOC is issued and submitted and they allow the Petitioner to attend classes as an in-service candidate till the issuance and submission of the NOC.

Learned Counsel appearing for the Petitioner submitted that the Respondents and their officials failed to consider that the whole country was affected by Covid Pandemic and the Petitioner working in P.H.C., a front-line worker, in order to pursue her further studies, filled the form online and submitted the application for permission/NOC in accordance with the guidelines which should have been considered liberally and not technically. It was further submitted that earlier the Respondents and their officials on receiving the application asked for sending the name in seniority, but, when the name of the Petitioner was sent as she was senior to other candidates, her application was returned on another ground that she has not obtained permission before filing the online application, which is arbitrary, illegal and against the principle of natural justice. It was further submitted that the Respondents also failed to consider that the academic session has started and her admission may be cancelled because of non-submission of the NOC, which would amount her a great loss and disadvantage.

Learned Counsel appearing for the Respondents/State submitted that the Government of Chhattisgarh, Department of Health and Family Welfare, Mantralaya, Raipur has issued guidelines for higher studies of the employees and officers of the department vide Annexure R1. Clauses 5 and 7 of the said guidelines are very specific in this regard. It was further submitted that the Petitioner submitted her online application form for admission without departmental permission, which is not permissible in view of the guidelines (Annexure R1) issued by the department. The Petitioner was required to submit her application for prior departmental permission on or before 31.3.2020 for filling up the online form for taking admission in B.Sc. Nursing Examination. But, the Petitioner has not taken any prior permission and has directly submitted her online form, which is not permissible. Therefore, the case of the Petitioner has not been considered.

I have heard Learned Counsel appearing for the parties and perused all the material available with due care.

Undisputedly, the Directorate, Medical Education had invited applications on 24.1.2020 vide Annexure P1 for admission on the basis of entrance examination for the admission year 2020. On 21.8.2020 vide Annexure P2, a fresh notification was issued for submission of online application for the admission year 2020. Again, vide Annexure P3 dated 10.12.2020, date of submission of online application has been extended till 15.12.2020. The Petitioner submitted her application on 15.12.2020 and counseling was done on 24.12.2020 and she was allotted College of Nursing, Maharani Hospital, Jagdalpur. It is also not in dispute that the Petitioner submitted her application on 23.12.2020 for permission/NOC vide Annexure P6 and also submitted Appendix 1 (Annexure P7) for permission to sit in the entrance examination along with provisional allotment letter and recommendation issued by the C.M.O., Kondagaon. From perusal of Annexure P11 dated 19.2.2021, it appears that the Directorate, Health Services, making objection that the Petitioner has not submitted her bond and Appendix 3, 4 and 5, returned her application for obtaining NOC. In Annexure P11, it is also mentioned that for higher studies the proposals were not made on the basis of seniority. Annexure P12 clearly shows that fulfilling the said objections the proposal for NOC was again sent to the Directorate. But, now, vide Annexure P14 dated 31.3.2021, the Directorate, Health Services again returned the application of the Petitioner mentioning that the Petitioner has not obtained prior permission for filing of online application.

At this juncture, it would be appropriate to mention the relevant clauses of the guidelines issued by the department vide Annexure R1, which read as under:

The above-quoted clauses of the guidelines (Annexure R1) clearly reflect that no application shall be submitted directly to the Directorate of Health Services for issuance of NOC for admission in any examination or for participating in any training or for further studies. Clause 7[k of the guidelines says that the applications shall be accepted before beginning of the financial year in which the employee is to proceed for studies and, therefore, the application for higher studies shall be accepted by 31st March only.

Undisputedly, the Petitioner has submitted online application on 15.12.2020 for taking admission in nursing course for the year 2020. It is also not in dispute that vide notification Annexure P1 dated 24.1.2020 applications were invited, but, subsequently, due to Covid Pandemic that invitation was cancelled and vide Annexures P2 and P3 fresh applications were invited through online process according to which the last date for submission of the online application was 15.12.2020. According to Clause 7[k of the guidelines (Annexure R1), since the admission was for the year 2020, before the start of that relevant financial year the application for issuance of departmental NOC had to be submitted by the Petitioner by 31.3.2020. But, Annexures P2 and P3 clearly say that the earlier notification dated 24.1.2020 was cancelled and for the first time the applications were thereafter invited online on 21.8.2020. Therefore, when, for the first time, the online applications were invited on 21.8.2020, it was not possible for any candidate to submit his/her application for NOC prior to 31.3.2020. Learned Counsel for the Respondents/State has not been able to point out any clause of the guidelines (Annexure R1) to show that prior to filing of the online applications, any departmental NOC/permission for filing the said online applications for admission was necessary. Thus, not providing NOC to the Petitioner appears to be arbitrary.

Resultantly, the instant writ petition is allowed. Respondents 1 and 2 are directed to consider and decide the Petitioner’s application and issue her requisite permission/NOC within 30 days from the receipt of this order subject to her fulfillment of eligibility criteria. Thereafter, the Petitioner shall submit the said NOC/permission to Respondents 4 and 5 within 15 days of the receipt of the NOC/permission. Respondents 4 and 5 are also directed that they shall not cancel the admission of the Petitioner till the NOC/permission is submitted to them and they shall also allow the Petitioner to attend the classes as an in-service candidate till the submission of the NOC.