DR. YOGESH YADAV Vs NATIONAL BOARD OF EXAMINATIONS IN MEDICAL SCIENCES (NBEMS) & ORS. -Judgment by Delhi High Court
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 9189/2023
DR. YOGESH YADAV ….. Petitioner
Through: Petitioner in person
versus
NATIONAL BOARD OF EXAMINATIONS
IN MEDICAL SCIENCES (NBEMS) & ORS. ….. Respondents
Through: None
CORAM:
HON’BLE MR. JUSTICE C.HARI SHANKAR
O R D E R (ORAL)
% 11.01.2024
1. The prayer clause in the writ petition reads thus:
�(a) Issue Writ of mandamus/ order/ direction to the Respondent no. 1 NBEMS to take primary responsibility of Petitioner and his financial affairs and welfare as Petitioner is pursuing Post Graduation course under Respondent No. 1 NBEMS.
(b) Issue Writ of mandamus/ order/ direction to the Respondent no. 2 Additional Chief Secretary to Government of Haryana, Health and Respondent no. 3 Director General Health Services, Haryana to credit the whole pending salary in account of Petitioner in one day with 18% per annum interest and not to delay the salary of Petitioner in future; and
(c) Issue Writ/ order/ direction to the Respondent no. 2 Additional Chief Secretary to Government of Haryana, Health and Respondent no. 3 Director General Health Services, Haryana to treat the overstay period spent on previous stream course as leave of kind due as per terms and conditions of Post Graduation (PG) Policy having number 2/123/2005-1HBI dated 30.04.2022 (Annexure P-2); and
(d) Issue Writ/ order/ direction to the Respondent no. 2 Additional Chief Secretary to Government of Haryana, Health and Respondent no. 3 Director General Health Services, Haryana to grant Head Quarter�s (Panchkula) slab, 16% House Rent Allowance (HRA) instead of 8% to Petitioner as per terms and conditions of Post Graduation (PG) Policy having number 2/123/2005-1HBI dated 30.04.2022 (Annexure P-2); and
(e) Issue Writ / order/ direction to the Respondent no. 2 Additional Chief Secretary to Government of Haryana, Health and Respondent no. 3 Director General Health Services, Haryana to grant the due annual increment of July 2023 and first ACP within a week in terms and conditions of Post Graduation (PG) Policy having number 2/123/2005-1HBI dated 30.04.2022(Annexure P-2); and
(f) Issue Writ/ order/ direction to the Respondent no. 4 Principal Medical Officer (PMO), General Hospital, Sector-6, Panchkula to refund 1st year DNB Post Diploma Paediatric Medicine course fees of Rs 1,25,000 with 18% per annum interest in one week; and
(g) Issue writ/ order/ direction for disciplinary action against erring Officials and/ or erring Staff.
(h) Issue writ/ order/ direction to Respondent no.2 Additional Chief Secretary to Government of Haryana, Health, Respondent no.3 Director General Health Services, Haryana, Respondent no.4 Principal Medical Officer (PMO), General Hospital, Sector-6, Panchkula, Respondent No.5 Superintendent/ Deputy Superintendent, E-2 Branch and Respondent No. 6 Dealing Assistant (Concerned), E-2 Branch, Office of Director General Health Services, Haryana to bear miscellaneous and litigation expenses of Petitioner; and/or
(i) Pass such other order(s) as this Hon�ble Court may deem fit and proper in the facts and circumstances of the case.
2. The petitioner, Dr. Yogesh Yadav, is present in person.
3. There is no appearance on behalf of the Respondents.
4. No counter affidavit has been filed either.
5. However, Dr. Yadav submits that all the reliefs sought in this writ petition except Reliefs (d) and (e) stand granted to him. He, therefore, prays that this writ petition be disposed of with a direction to the respondents to take a decision qua prayers (d) and (e) expeditiously.
6. Accordingly, this writ petition is disposed of with a direction to the respondent to take a decision qua prayers (d) and (e) reproduced supra within two weeks from today and to communicate the decision to the petitioner.
7. Needless to say, should the Petitioner be aggrieved by the decision, remedies in that regard, as available in law, shall remain reserved.
8. The petition is disposed of accordingly.
C.HARI SHANKAR, J
JANUARY 11, 2024
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W.P.(C) 9189/2023 Page 3 of 3