STATE OF PUNJAB & ANR. ETC. versus VINEY KUMAR KHULLAR & ORS. ETC.

Citation: [2010] 13 S.C.R. 733 · Decided: 22-10-2010 · Supreme Court of India · Bench: R.V. RAVEENDRAN · Disposal: Case Partly allowed
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Judgment (excerpt)

(201 OJ 13 (ADDL.) S.C.R. 733 
. STATE OF PUNJAB & ANR. ETC. 
V. 
VINEY KUMAR KHULLAR & ORS. ETC. 
(Civil Appeal Nos. 9221-9223 of 2010) 
OCTOBER 22, 2010 
[R.V. RAVEENDRAN AND H.L. GOKHALE, JJ.] 
Education - Admission -
To post graduate medical 
courses for the year 2008 - Prospectus Notification requiring 
A 
B 
the in-service candidate to produce NOC in accordance with 
C 
Circular dated 13. 5. 1996 - According to the Circular the 
candidates were required to furnish a bond of Rs. 2 lacs for 
Government service for a period of 5 years - The Circular 
amended by another Circular dated 30. 7.2007 enhancing the 
requirement of the bond to Rs. 10 lacs for a period of 10 years 
D 
service - Three candidates given admission in the courses 
- But their NOC declared invalid as they would not be able 
to render the required 10 years service after the completion 
of the post-graduate course due to their superannuation within 
5-12 years - Writ Petition - Direction to verify the NOC and 
E 
to permit the candidates to continue the course - On appeal, 
held: The amendment Circular dated 30. 7. 2007 not applicable 
to the admission for the year 2008 -
Therefore, the two 
candidates who fulfilled the requirement under the Circular 
dated 13.5.1996, permitted to continue the course - The third 
F 
candidate, since did not fulfil the requirement even under 
Circular dated 13. 5. 1996, not eligible to continue the course 
- However, in view of the fact th.at the candidate has completed 
three-fourth of the course, he is given chance to complete the 
course subject to the condition that either he would not be 
G 
considered as an in-service candidate, or to continue the 
course as an in-service candidate, by paying the bond amount 
of Rs. 2 lacs -
The order passed by High Court was 
unsatisfactory. 
733 
H 
734 
SUPREME COURT REPORTS [2010] 13 (ADDL.) S.C.R. 
A 
The prospectus Notification dated 17 .3.2008 was 
issued for admission to post graduate degree/diploma 
medical courses for the year 2008. The Notification 
required the in-service doctors to produce NOC in 
accordance with the instructions contained in the 
B Circular dated 13.5.1996 which required the candidates 
to fill the bond of Rs. 2 lacs for Government service for 
five years. The Circular dated 13.5.1996 was amended by 
the Circular dated 30.7.2007 whereby the requirement of 
bond of Rs. 2 lacs for five years was increased to bond 
c of Rs. 10 lacs for ten years. 
The three respondents in the instant appeals applied 
for admission to 2008-2011 post graduate courses. They 
produced provisional NOC. They were admitted to 
different post-graduate courses in general category as in-
D service candidates. Their provisional NOCs were 
declared invalid by the Department, as all of them were 
due to retire within 5 to 12 years and could not have been 
able to render the required minimum compulsory service 
for ten years after completing the post-graduate course 
E as required by amendment Circular dated 30.7.2007. 
The respondents filed writ petitions. The High Court 
disposed of the petitions directing the appellants to verify 
the provisional NOCs with a further direction to permit the 
F respondents to continue their studies. Therefore, the 
instant appeals were filed. 
Partly allowing the appeals, the Court 
HELD: 1. The orders of the High Court are 
G unsatisfactory as they do not specify what should 
happen if on verification of the provisional NOCs, it was 
found that they are not valid. The direction to appellants 
to permit the three writ petitioners to continue their 
studies was unconditional and was not restricted to the 
H 
STATE OF PUNJAB & ANR. ETC. v. VINEY KUMAR 
735 
KHULLAR & ORS. ETC. 
period required for verification of the provisional NOCs. 
A 
[Para 8] [7 42-G-H] 
2. The Prospectus Notification dated 17.3.2008 
requires the in-service doctors to produce NOCs in 
accordance with the instructions contained in the Circular 8 
dated 13.5.1996 and any other instructions issued by the 
Punjab Government. The Circular dated 30.7.2007 
increasing the period of minimum service under the bond 
from 5 years to 10 years (and bond amount from Rs.2 lacs 
to Rs.10 lacs) for PG courses is not mentioned or made 
applicable. The words "any other instruction issued by 
C 
the Punjab Government" in the context of the said clause 
in the Prospectus cannot be interpreted as referring to 
any instruction increasing the burden on the candidates 
to secure the No Objection Ce
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