While directing AIIMS Raebareli to give NOC to one of its Associate Professors, the Allahabad High Court has held that, based on there being a shortage of faculty, the application of the employee for the grant of NOC cannot be withheld, terming it to be in public interest.

The petitioner, working as an Associate Professor in the All India Institute of Medical Sciences, Raebareli (AIMS), had applied for the post of Associate Professor in RMLIMS and grant of 'NOC' was one of the requirements to be complied with for the said post.

The Single Bench of Justice Abdul Moin observed, “It is not the case of respondents that the petitioner has any role in the appointment of the faculty members. In case the Institute, on its own accord, chooses not to appoint any faculty or not to make any recruitment for any faculty, which has thus resulted in severe shortage of the faculty, the pitfall of the same cannot be placed on the shoulders of the petitioner so as to deprive her of an opportunity of applying elsewhere and thus, by no stretch of imagination, i.e. on the basis of there being a shortage of faculty, can the application of the petitioner be withheld terming it to be in public interest”, it said.

Advocate Murli Manohar Srivastava represented the Petitioner, while A.S.G.I. represented the Respondents.

Factual Background

The petitioner had applied for the post of Associate Professor in RMLIMS towards an unreserved post of Obstetrics & Gynaecology. As per the terms and conditions accompanying the said advertisement, 'NOC' from the current employer was required. The petitioner claimed to have submitted an application for being granted an 'NOC' from the respondents. It was alleged that the same had been rejected using a cryptic order on the ground of public interest.

Reasoning

The Bench found that although from the communication impugned, the "Public Interest" did not emerge yet from the instructions that were given to the Senior Advocate, it emerged that the "Public Interest" as cited by the AIMS was the severe shortage of faculty in the Institute.

The Bench held, “On account of lackadaisical attitude which has been adopted by the AIIMS or any other reason which may be prevailing with them for not appointing the faculty obviously, the blame cannot be placed on the shoulders of the petitioner so as to deprive her of an opportunity of applying elsewhere.”

Thus, allowing the Writ Petition, the Bench quashed the impugned communication and directed the competent authority to give the NOC to the petitioner.

Cause Title: Dr. Parul Sinha v. All India Institute Of Medical Sciences Raebareli Thru. Director And Another (Neutral Citation: 2025:AHC-LKO:34745)

Appearance

Petitioner: Advocates Murli Manohar Srivastava, Upmanyu Srivastava

Respondent: A.S.G.I.

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Allahabad High CourtJustice Abdul Moin

Tulip Kanth

Assistant Editor

Tulip Kanth is an Assistant Editor at Verdictum having over 5 years of experience in the field of legal journalism and editing. She extensively covers judgments of the Supreme Court, High Courts as well as Tribunals. She has previously worked with a legal publishing website where she oversaw the work of other editors and has also created updates on notifications of different Government Ministries. She holds an English Honours Degree from SGTB Khalsa College, Delhi University and has completed her LLB course with specialisation in Corporate Law from Amity University.