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"From the submissions of Mrs. Mitra, learned counsel it is understood that the Principal Secretary of the Department is yet to take a final decision in this matter. The Tribunal has observed that para 21.6 at point No. (ii) of the AIIMS advertisement makes it clear to the applicant that such an NOC from the employer will be required to be submitted at the time of interview. Mr. Roy strongly believes that the applicant now having been qualified will be asked to appear for such an interview along with NOC any day within this month.
Accordingly, this application is disposed of."

Since no direction was issued by the Tribunal for grant of NOC, the petitioner filed the present writ petition assailing the Tribunal's order and seeking a direction for issuance of NOC so as to enable him to appear at the interview.

6. Prior to filing of the writ petition the respondents have rejected the petitioner's application for NOC in the following terms:

"As directed, in connection with above referred solemn order dated 03-10-2024, passed by Ld. West Bengal Administrative Tribunal Calcutta High Court W.P.S.T. 218 of 2024 dt. 26.11.2024 (copy enclosed), this is to inform you that, in the light of the lesser number of Medical Teachers/Tutors involved with the Government Medical Colleges and Hospitals, under the administrative control of Government of West Bengal, combined with the current critical situation, arising out of the ongoing agitation carried on by a section of Junior Doctors, this office is of the considerate opinion that, in larger public interest, it may not be appropriate, at this critical point of time, to grant you the NOC for appearing before the interview board at AIIMS, Kalyani for the post of Additional Professor in the Department of General Surgery, in order to ensure, the smooth and effective functioning of Government Medical Colleges and Hospitals under the Government of West Bengal.
Therefore, your prayer for NOC, required for appearing for interview, to participate in the selection process for the post of Additional Professor, General Surgery at AIIMS, Kalyani stands rejected."

7. The rejection order has also been put to challenge in the present writ petition. The stand taken and grounds urged in the present proceedings by both the parties is the same which was urged before the Tribunal, as noted above. The State Authorities continue to take the plea of insufficient number of doctors in the State Health Services, and the larger public interest being served by retaining the petitioner in State Government service. The petitioner contends that there is no statutory rule under which he can be forcibly retained and made to serve in the State Government service, there was no criminal proceeding, no departmental proceeding or Government dues pending/ outstanding against him.