Rajasthan High Court - Jodhpur
Dr. Prashant Ranwa vs State Of Rajasthan on 2 August, 2021
Author: Dinesh Mehta
Bench: Dinesh Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 9305/2021 Dr. Prashant Ranwa S/o Shri Raja Ram Ranwa, Aged About 25 Years, R/o J-16, Model Town, U.I.T. Road, Sriganganagar, District Sriganganagar, Rajasthan.
----Petitioner Versus
1. State Of Rajasthan, Through The Secretary, Department Of Medical And Health Services (Group-2), Government Of Rajasthan, Jaipur, Rajasthan.
2. The Director, Medical, Health And Family Welfare Services, Jaipur, Rajasthan.
3. The Additional Director (Gazetted), Medical And Health Services, Jaipur, Rajasthan.
4. The Secretary, Rajasthan Public Service Commission, Ajmer, Rajasthan.
5. The Chief Medical And Health Officer, Sriganganagar, District Sriganganagar, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Kailash Jangid
For Respondent(s) : Ms. Vandana Bhansali
JUSTICE DINESH MEHTA
Order
02/08/2021
1. By way of the present writ petition, the petitioner has sought direction to the respondents to issue No Objection Certificate so that he can join on the post of Senior Demonstrator (Forensic Medicine).
2. The facts precisely stated are that the respondent RPSC issued an advertisement dated 17.01.2020, and invited (Downloaded on 03/08/2021 at 08:59:38 PM) (2 of 6) [CW-9305/2021] applications from eligible candidates to vie for the post of Senior Demonstrator in various subjects.
3. The condition of the advertisement, which is relevant for the case at hand is, the condition No.17, which reads thus:
"17- vkosnd tks igys ls gh ljdkjh lsok ;Fkk@tSls dsUnzh;@jkT;@ljdkjh miØeksa esa fu;qDr gS ,oa mudk p;u mDr inksa gsrq HkrhZ esa gks x;k gS] mUgsa vius fu;ksDrk ls vukifÙk izek.k&i= ;Fkk le; izLrqr djuk vko";d gksxkA"
4. After submitting the application form, the petitioner appeared in written examination held on 15/16.09.2020. When the petitioner cleared the written examinations, he filed online application form for grant of 'NOC'.
5. The petitioner has cleared the interview and his name has been recommended for appointment.
6. Mr. Kailash Jangid, learned counsel for the petitioner submitted that as per the terms of the recruitment notification, issued by the RPSC, the petitioner was required to furnish 'NOC' from his employer - respondent Medical & Health Department, at the time of interview and, hence, he submitted his online application form for 'NOC' on 18.06.2021, before the interviews were held on 14.07.2021.
7. It is the case of the petitioner that on account of respondents' reluctance from issuing 'NOC' to him, he will be unable to join the post of Senior Administrator (Forensic Medicine) and his right to get appointment will be frustrated.
8. Ms. Vandana Bhansali, learned counsel appearing for the respondent - State vehemently opposed petitioner's prayer for grant of 'NOC'. She contended that the petitioner was required to (Downloaded on 03/08/2021 at 08:59:38 PM) (3 of 6) [CW-9305/2021] submit his online application form for 'NOC' prior to filling up the application form for the recruitment in question or at least before appearing in the written examination.
9. Learned counsel for the respondents relied upon Rule 17 of the Rajasthan Civil Services (Conduct) Rules, 1971 and the circular dated 30.01.2019, issued by the respondent - State and argued that it was incumbent upon the petitioner to have applied for grant of 'NOC' at the earliest or at least prior to appearing in the written examinations.
10. She argued that in terms of the circular dated 30.01.2019, the respondents can initiate disciplinary proceedings against the petitioner, who has appeared in the written examination without obtaining 'NOC' from the respondent - State.
11. Heard.
12. Upon perusal of the record what transpires is that the petitioner had submitted his application in the month of January, 2020, before being appointed as Medical Officer in the respondent Department.
13. Hence, the petitioner could not apply for issuance of 'NOC' at the time of submitting application form pursuant to recruitment notification, which was issued on 17.01.2020.
14. It is also not in dispute that petitioner had submitted application for grant of leave from 15.09.2020 to 17.09.2020 clearly indicating that he was to appear in Senior Demonstrator examinations conducted by the RPSC. It is also noteworthy that the petitioner yet again filed an application on 12.07.2021 and applied for two days' leave for 13.07.2021 and 14.07.2021 so as to appear in the interview for the post of Senior Demonstrator. (Downloaded on 03/08/2021 at 08:59:38 PM)
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15. This being the position, the fact that the petitioner had appeared in the written examination so also in the interview pursuant to recruitment notification dated 17.01.2020 for the post of Senior Demonstrator was well known to the respondents.
16. True it is, that the petitioner proceeded to apply for 'NOC' on 18.06.2021, after he had appeared in the written examination, but the same was in any case filed before he had appeared in the interview.
17. Rule 17 of the Rajasthan Civil Services (Conduct) Rules, 1971, reliance whereof was placed by learned counsel for the respondents, relates to admission; joining or attending any educational qualification and examination in relation thereto. The same is not applicable in the case of appointment. Expression 'examination' cannot be read in isolation and dehors the context, as claimed by Ms. Bhansali.
18. So far as the circular dated 30.01.2019, issued by the respondent - State is concerned, the same also speaks for initiation of disciplinary proceedings, if an in-service candidate takes part or appears in any process of recruitment or go for foreign travel without prior approval or 'NOC' from the respondent
- Department. The relevant part of the circular aforesaid reads thus:
"jktLFkku fpfdRlk ,oa LokLF; lsok loaxZ ds leLr fpfdRldksa dks ;g funsZf"kr fd;k tkrk gS mPp v/;;u gsrq vkosnu@lk{kkRdkj@ijh{kk@HkrhZ@p;u@fons"k ;k=k ,oa lHkh vko";d izdj.kksa esa vukifÙk izek.k i=@ vuqefr fy;s fcuk tkus ij jktLFkku flfoy lsok ¼oxhZdj.k] fu;a=.k vkSj vihy½ fu;e 1958 ds vUrxZr vuq"kklfud dk;Zokgh dh tkosxhA"
19. A careful reading of the circular aforesaid reveals that it does not give out the time frame or the upper limit, by what time/stage (Downloaded on 03/08/2021 at 08:59:38 PM) (5 of 6) [CW-9305/2021] an employee is supposed to apply for grant of 'NOC'. The use of punctuation "/" between vkosnu] lk{kkRdkj] ijh{kk] Hkrh]Z p;u] fons"k ;k=k gives an impression that an employee can apply for grant of 'NOC' any time, even before interview.
20. This Court is not much convinced with the argument advanced by Ms. Bhansali that since recruitment process involves written examination so also the interview, the petitioner ought to have applied for grant of 'NOC' prior to appearing in written examination.
21. Having regard to condition No.17 of the recruitment notification and the fact that the petitioner has applied for grant of 'NOC' on 18.06.2021, obviously before he was to appear for interview, in the opinion of this Court, the petitioner was not at all at fault.
22. Petitioner's stand as indicated in his representation dated 24.06.2021 that he having joined just a few months before the written examination was ignorant about the requirement of getting 'NOC' is quite convincing. Petitioner has not gained anything by not applying for 'NOC' in time, nor the respondents have lost anything on account of petitioner's belated application for the 'NOC'.
23. That apart, since neither any statute provides for seeking NOC nor is there any time frame prescribed by the State, respondents' cannot turn down petitioner's request for issuance of 'NOC' simply because he omitted to apply before appearing in written examination.
24. The writ petition therefore succeeds. The respondents are directed to issue No Objection Certificate to the petitioner as early as possible, preferably within a period of two weeks from today. (Downloaded on 03/08/2021 at 08:59:38 PM)
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25. Stay petition also stands disposed of accordingly.
(DINESH MEHTA),J 80-Ramesh/-
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