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2. In view of the commonality of the factual position operating in all these cases which are governed by identical Rules and Regulations, we had heard these petitions together. Writ Petition (Civil) No. 6272 of 2007 was treated as lead case. Therefore, for the sake of convenience, we may start our discussion while taking note of the facts of this writ petition.

3. The petitioner in this case is serving as airman in the Indian Air Force. He was enrolled as a Radio Fitter on 26.10.1993 and was subsequently promoted to the rank of Corporal and thereafter Sergeant. On 22.9.2006, the petitioner applied for the post of Section Officer (Audit) which is a civil post under the Government of India. Selection for this post is conducted through Staff Selection Commission (SSC). The petitioner submitted his application to the SSC through the present employer, namely, Indian Air Force. His application was duly forwarded by his Unit to the SSC on 22.9.2006. The petitioner appeared in the written examination and successfully cleared the same. Thereafter, he was to appear in the interview which was scheduled for 14.6.2007. He applied for NOC to appear in the said interview on 8.6.2007. His superior authorities forwarded his application to the Competent Authority in the Air Force for giving NOC. On 14.6.2007 the petitioner appeared in the interview by which time NOC had not been issued. Later, vide order dated 28.6.2007 the Competent Authority rejected his request and did not issue the NOC. Since the petitioner had appeared in the interview held on 14.6.2007, he was considered by the SSC and has been selected for the post of Section Officer (Audit). However, he is not able to join the post for want of NOC. In these circumstances, he has approached this Court with the following prayers:

7. As mentioned above, these applications have to be for those civil posts which are under Central Government/State Government/PSUs. Certain categories of Airmen/NCs are not entitled to apply, as mentioned in para-4 of the Policy. However, we can avoid details of these persons as admittedly none of the petitioners are covered by such cases, as mentioned in para-4. Once this application is forwarded to the Command Headquarter, the concerned Airman is allowed to appear in the written test for the post for which he has applied. The Policy further states that as and when he qualifies for the interview, the Air Headquarter has to approach directly by the Station for issue of NOC which is to be obtained from Air Headquarter (Directorate of Personnel and Administration) before attending the interview, irrespective of the fact whether NOC has been asked for by the prospective Department or not. It is further mentioned that NOC will not be issued once the interview is over or the offer letter has been received. The Policy also stipulates that those Airmen etc. who are selected for civil posts after completion of 07 years of service should apply for discharge and accept the appointment only after discharge is approved by the Competent Authority at Air Headquarters. POLICY DATED 21.3.2007.

5. As and when Airmen/NCs (E) qualify for the interview, Air HQ is to be approached directly by the Station/Unit for issues of 'No Objection Certificate'. NOC is to be obtained from Air Headquarters (Dte of PA) before attending the interview, irrespective of the fact whether the NOC has been asked for by the prospective department/employer or not. NOC will not be issued once the interview is over or offer letter has been received. While approaching Air Headquarters for issue of NOC, Station/Unit will invariably forward the following documents:
- Application to be forwarded to the Command HQ. Thereafter Command HQ will forward the application to the concerned Department/Employer.
- As Airmen/NC(E) qualify for interview, Air HQ is to be approached directly by the Stn/Unit for issue of NOC.
- NOC to be obtained from Air HQ (DPA) for attending the interview. Para-6 of AFO
- NOC will be issued by Air HQ (DPA) as per Appendix to AFO on case by case basis, subject to service exigencies and after approval by ACAS(P&C). Issuance of NOC cannot be claimed as a matter of right within engagement period of 20 years. Request for issue of NOC is to be submitted only when an Airman/NC(E) fulfillls all the eligibility conditions and application was forwarded to the employer/department through Command HQ. Once NOC is issued, it is to be attached either as part of the application for the post or presented at the time of interview, as per the requirement of the employer. No provisional or conditional NOC is being issued by the Unit/Stn.