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2026 DAILYLAW 32757 (PNJ)

DR ROULI SUD v. STATE OF HARYANA AND OTHERS

CWP/22662/2026 · 2026-07-23

Harpreet Singh Brar

body2026

Judgment text

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131 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-22662-2026 Date of decision: 23.07.2026 Dr. Rouli Sud ....Petitioner Versus State of Haryana and others ...Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. Shvetanshu Goel, Advocate and Mr. Gagandeep Singh Pawar, Advocate for the petitioner. Mr. Naveen Singh Panwar, DAG, Haryana. HARPREET SINGH BRAR, J. (ORAL) 1. The present civil writ petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of mandamus directing the respondent authorities to issue ‘No Objection Certificate’, Vigilance Clearance Certificate, Major/Minor Penalty, Experience Certificate and Integrity Certificate for applying to the post of Professor advertised vide advertisement notice bearing No.AIIMS-BLS(B-1)(2)(5)(Vol- VI)/25-393 dated 01.06.2026 (Annexure P-2) issued by All India Institute of Medical Sciences (AIIMS), Bilaspur, Himachal Pradesh and further permitting the petitioner to participate in the selection process for the above said course. 2. Learned counsel for the petitioner inter alia contends that the petitioner is working as a Professor in the Medical College-respondent No.3 and has sought a ‘No Objection Certificate’ from the Head of Department in order to appear in an interview scheduled for 29.07.2026 at 11:00 A.M. It is NEHA 2026.07.23 15:54 I attest to the accuracy and integrity of this document Punjab and Haryana High Court, Chandigarh CWP-22662-2026 -2- submitted that the petitioner’s work and conduct have remained satisfactory and that she earned her promotion to the post of Professor on 08.01.2022. Further, there is no charge-sheet or disciplinary proceeding pending against her. The Head of Department forwarded the petitioner’s representation to the Directorate on 19.06.2026 as discernible from Annexure P-4 with an observation that the petitioner had completed five years of service and that there was no adverse record against her. The petitioner, thereafter, submitted a reminder representation on 17.07.2026, however, the ‘No Objection Certificate’ in question has not been issued to her. 3. Learned State counsel submits that a letter has already been issued to respondents No.3 and 4 on 16.07.2026 seeking the requisite information in the matter. 4. Having heard learned counsel for the parties and after perusal of the record with their able assistance, it transpires that the petitioner was initially appointed as Assistant Professor on 23.12.2013 as discernible from Annexure P-1. She was thereafter, promoted to the post of Professor on 08.01.2022. The petitioner has made a specific averment that no disciplinary proceeding is pending against her and her promotion further demonstrates that her service record has remained unblemished and satisfactory. Moreover, the Head of the Department forwarded the petitioner’s representation dated 19.06.2026 (Annexure P-4) to the Directorate, observing that the petitioner had completed five years of service and that there was no adverse record against her. 5. The petitioner applied for the post of Professor in terms of the advertisement dated 01.06.2026 (Annexure P-2) and was provisionally declared NEHA 2026.07.23 15:54 I attest to the accuracy and integrity of this document Punjab and Haryana High Court, Chandigarh CWP-22662-2026 -3- eligible on 15.06.2026 as discernible from Annexure P-6. However, the petitioner is required to submit the ‘No Objection Certificate’ along with other certificates, as detailed in the prayer clause of the petition, at the time of interview, which is scheduled to be held on 29.07.2026 at 11:00 A.M. as discernible from Annexure P-7. Further, any delay in issuance of the requisite certificate and other documents would impede the petitioner’s fundamental right to seek career advancement through public employment. Moreover, no justifiable reason has been brought to the notice of this Court as to why the petitioner is not entitled to issuance of the requisite certificates. 6. Once the eligibility of the petitioner is not in question and the Head of the Department on 19.06.2026 vide Annexure P-4, has already observed that there is no adverse record against the petitioner and that she has completed five years of service, the present petition is allowed with a direction to the respondents, particularly respondents No.1 and 2, to process the petitioner’s application forthwith and issue the requisite certificates in question by tomorrow evening (24.07.2026) at 05:00 P.M. In case anything is required from respondents No.3 and 4, the requisite information may be sought from them through telephone or WhatsApp. In case of failure to comply with the aforesaid direction, the petitioner shall be entitled to costs of Rs.5 lakh, to be recovered from the official concerned. 7. Any deviation from the direction issued by this Court, entitles the petitioner to move an appropriate application under Article 215 of Cr.P.C. of the Constitution of India to initiate contempt of Court proceedings. NEHA 2026.07.23 15:54 I attest to the accuracy and integrity of this document Punjab and Haryana High Court, Chandigarh CWP-22662-2026 -4- 8. Copy of the order be handed over to learned State counsel for information and strict compliance. (HARPREET SINGH BRAR) JUDGE 23.07.2026 Neha Whether speaking/reasoned : Yes/No Whether reportable : Yes/No NEHA 2026.07.23 15:54 I attest to the accuracy and integrity of this document Punjab and Haryana High Court, Chandigarh