Supreme Court Issues Notice On Plea Against Uttarakhand Govt Decision To Deny NOC To Teachers For Employment At Medical Colleges Outside State

The Supreme Court has issued a notice in a plea challenging the government order issued by the Uttarakhand Government denying the grant of a No-Objection Certificate ("NOC") to the medical teachers who sought employment outside the State of Uttarakhand. The government order stated that the NOC would be provided to faculty only when employment was sought at other medical colleges within the state.

The Vacation Bench comprising Justices Rajesh Bindal and Prasanna B Varale heard the plea preferred by the petitioner who is posted as Assistant Professor (Community Medicine) in Government Medical College, Haldwani against the decision of the Uttarakhand High Court which had upheld the government order denying NOC to the petitioner. The petitioner sought the NOC to apply for a faculty position at the Institute of Medical Sciences, Banaras Hindu University at Varanasi.

The petitioner contended that the condition put by the Government Order that NOC would be given only when a teacher applies for appointment in a Government College within the State is arbitrary and illegal. He argued that all Medical Colleges form a homogeneous class, therefore, the artificial classification made by the impugned Government Order between Government Medical Colleges within the State of Uttarakhand vis-a-vis other Medical Colleges is unsustainable and the Government Order deserves to be set aside.

On the contrary, it was argued by the State that the grant of NOC is the sole prerogative of the State, and if it finds an individual to be indispensable for the institution, then he can turn down the request for NOC without violating any law.

The High Court held in favor of the State and upheld the government order. The reasoning provided by the High Court was that since Uttarakhand is a Hill State and the Government Medical Colleges within the State are facing a scarcity of faculty members and “if the number of faculty members falls short of the prescribed standard, then the Medical College may lose recognition, which shall have devastating effect, not only on the medical students, but also for the masses, who depend on Government Medical Colleges for quality medical services.”

“Thus, if the employer has some reservation against his employee seeking employment elsewhere, then the employer can refuse to grant NOC. This is a right, which inheres in every employer.”, the High Court held.

Further, the High Court rejected the petitioner's argument that an artificial classification was made by the government order between the medical colleges which tends to be a homogenous class.

"Government Medical Colleges fall in a different class and equality clause contained in Article 14 of the Constitution cannot be pressed into service for questioning the classification made between Government Medical Colleges vis-a-vis other colleges." the High Court observed.

After hearing counsel for the petitioner, the Court issued notice to the Respondent/State of Uttarakhand for consideration of the validity of the communication (government order) dated 27.08.2020 in terms of which no objection certificate was not issued to the petitioner for seeking employment outside Uttarakhand.

The matter is next listed on August 7, 2024.

Mr. Divyanshu Sahay, AOR Ms. Shradha Narayan, Adv. Mr. Akshay Sahay, Adv. appeared for the Petitioner.

Case Title: Rudresh Negi v. The State of Uttarakhand & Ors.

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