Administrative Tribunal directs GMCH to permit nursing officer to pursue PhD

The Chandigarh Bench of the Central Administrative Tribunal (CAT) has directed the Government Medical College and Hospital (GMCH), Sector 32, Chandigarh, to allow a nursing officer to pursue a PhD in Nursing from Baba Farid University of Health Science.

The Tribunal quashed the order denying permission, stating that denying such permission to the applicant is not justified when others have been granted similar permission.

Rajesh Kumar Shyoran, a Nursing Officer at GMCH, had applied for a No Objection Certificate (NOC) and experience certificate to pursue a PhD in Nursing on a part-time basis.

Shyoran possesses an MSc Nursing qualification and has been working as a Nursing Officer at GMCH since January 7, 2013. He applied for an entrance examination for a Phd. (Nursing) and submitted an application on August 2, 2024, to GMCH authorities seeking NOC-cum-experience certificate for admission in Phd. (Nursing). He assured that he would utilise his casual leave and days off for research work without taking any additional leave.

When no action was taken by the respondents, he submitted an online application pursuant to the notice for appearing in the entrance examination and consequently appeared in a written test held on September 3, 2024. He was declared successful and provisionally selected for admission to the Phd Nursing course.

However, the GMCH rejected his request, citing a requirement to serve a minimum of three years in the institute after availing study leave for his MSc Nursing.

The CAT observed that three colleagues of the applicant had been granted provisional permission to appear for a PhD programme in Nursing, while the applicant was denied. The Tribunal found this to be discriminatory and arbitrary, stating that "respondents are unable to justify their action of rejection of the request of the applicant seeking NOC-cum-experience certificate to pursue PhD."

In view of this the impugned letter dated March 4, 2025, is arbitrary and discriminatory, therefore, quashed and set aside. The respondents are directed to provisionally allow the applicant to pursue Phd (Nursing) from Baba Farid University of Health Science.