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Order 15/02/2022 This writ petition has been filed by the petitioner seeking a direction to the respondents to constitute a Board and conduct interview of the petitioner without NOC.

The notice/advertisement dated 19.08.2021 was issued by the Principal, Sardar Patel Medical College, Bikaner for interview for the selection/appointment on the vacant post of Assistant Professor and Senior Demonstrator on urgent temporary basis.

The interview was scheduled on 27.08.2021 and in the advertisement inter-alia it was required that in-service candidates will be allowed to appear in the interview on production of NOC from the competent / appointing authority.

The petitioner being eligible for appointment to the post of Assistant Professor, Psychiatry, applied for NOC. It is claimed that (2 of 3) [CW-12191/2021] the requisite NOC was not issued up till 27.08.2021 and that for lack of NOC, the petitioner could not appear in the interview.

Submissions have been made that the requirement in the advertisement seeking NOC from in-service candidates is not justified and that once the respondents have failed to issue the requisite NOC and the petitioner was deprived of the requisite NOC, the respondents be directed to constitute a fresh Board for conducting the interview of the petitioner.

A response to the petition has been filed inter-alia indicating that requisite NOC has been issued to the petitioner on 01.09.2021. Submissions have also been made that as the procedure involved has taken time, the NOC has been issued on 01.09.2021.

Learned counsel for the petitioner attempted to make submissions that vide circular dated 27.08.2021 (Annex.3), the respondents have done away with the requirement of NOC at the time of interview and that though the petitioner appeared for the interview, the interview was not taken for lack of NOC and, therefore, a fresh Board be constituted for the purpose.

The submission has been noticed for being rejected only, inasmuch as, the NOC from the competent / appointing authority can only be sought in case the candidate is in service and to expect the respondents to seek the NOC from those who are not even in service is baseless.

The submissions that in terms of Circular (Annex.3), the petitioner was not required to produce the NOC and he was not interviewed on 27.08.2021 is also equally baseless, inasmuch as, the circular (Annex.3) nowhere does away with the requirement of NOC and there is no averment worth the name in the petition that petitioner appeared before the interview Board on 27.08.2021 and for lack of NOC, he was not interviewed.