Allow nursing officer to pursue PhD: Tribunal
CAT quashes GMCH order, cites approval to other candidates
The Chandigarh Bench of the Central Administrative Tribunal (CAT) has directed the Government Medical College and Hospital (GMCH), Sector 32, to allow a nursing officer pursue PhD (Nursing) from the Baba Farid University of Health Science.
Quashing an order denying the permission, the Bench said when the permission had been granted to other candidates, denying the same to the applicant was not justified.
Rajesh Kumar Shyoran, working as nursing officer at GMCH, had filed an application through advocate KB Sharma seeking quashing of an order dated March 4, 2025, whereby his request for grant of no-objection certificate-cum-experience certificate for pursuing PhD (on part-time basis) from BFUHS was rejected by the college authorities.
Shyoran said he possessed MSc (Nursing) qualification and joined services in the GMCH as nursing officer on January 7, 2013, and had been working since then.
He had applied for an entrance examination for a PhD (Nursing) programme and submitted an application on August 2, 2024, to GMCH authorities seeking NoC-cum-experience certificate.
When no action was taken by the respondents, he submitted online application pursuant to the notice for appearing in the entrance examination and consequently appeared in a written test on September 3, 2024.
He was declared successful and provisionally selected for admission to the PhD course. He assured the GMCH that it is a part-time course and that he will not take leave and will utilise his casual leave and days off for research work.
However, the GMCH rejected his request for grant of the certificate on the ground that he has to serve a minimum three years in the institute after availing study leave, which was granted from February 21, 2022 to February 20, 2024 for pursuing MSc (Nursing).
After hearing of the arguments, the Tribunal said the respondents had discriminated the applicant as his three other colleagues had been granted permission provisionally for appearing for PhD programme for nursing (correspondence). The permission granted to the colleagues of the applicant vide order dated July 19, 2025, was placed on record.
On specific query, the respondents were unable to justify their action of rejection of request of the applicant seeking the relevant certificate to pursue PhD.
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