Orissa High Court
WP(C)/4242/2021 on 4 February, 2021
W.P.(C) No.4242 OF 2021
2 04.02.2021 The matter is taken up through video conferencing
mode.
Heard Dr. J.K. Lenka, learned counsel for the
petitioner and Mr. Sahoo, learned Additional Standing
Counsel.
The petitioner, who at present is working as
Assistant Professor, Department of O & G at Pandit
Raghunath Murmu Medical College and Hospital, Baripada,
had applied for recruitment of Faculty posts (Group-A) in
various departments at AIIMS, Bhubaneswar pursuant to
advertisement under Annexure-2.
Dr. J.K. Lenka, learned counsel for the petitioner
contended that Clause-19 of the aforesaid advertisement
under Annexure-2 specifically states that the applicants
already in Government service AIIMS Employees) shall
have to produce No Objection Certificate from their
present employer at the time of interview or as per the
instructions issued from time to time. However, they have
to take prior permission from their employer while
applying for the post. No candidate will be allowed to
appear the interview without NOC from his employer. In
compliance of the same, the petitioner applied for grant of
NOC so as to make her eligible to appear in the interview
and accordingly, the Dean and Principal, Pandit
Raghunath Murmu Medical College and Hospital, Baripada
recommended the same vide Annexure-4 dated
02.12.2020 to the Director of Medical Education &
Training (DMET), Odisha, Bhubaneswar seeking
permission and request for issue of NOC in favour of the
petitioner to appear interview for recruitment of faculty
post (Group-A) as per AIIMS, Bhubaneswar.
Consequentially, Additional Director of Medical Education
and Training, Odisha vide Annexure-5 dated 15.12.2020
requested the Government for issuance of NOC in favour
of the petitioner to appear in the interview for the post of
faculty at AIIMS, Bhubaneswar. But, without any
application of mind, the Government has rejected the
same vide Annexure-6 dated 21.01.2021. It is contended
that by this process, the future of the petitioner is
jeopardize and more so, it violates Aricle-16 of the
Constitution of India.
Learned Additional Standing Counsel seeks time to
obtain instructions in the matter.
Put up this matter on 09.02.2021. It is made clear
that if no instruction is received from the State
authorities, this Court will be constrained to pass interim
order to protect the petitioner.
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(DR. B.R. SARANGI) Alok JUDGE