Assistant Professor denied NOC for Employment At Medical Colleges Outside State, SC issues notice on plea challenging Uttarakhand Govt Decision
New Delhi: The Apex Court has issued a notice in a plea challenging the Uttarakhand Government's decision to not grant a No-Objection Certificate (NOC) to the medical teachers seeking employment outside the State of Uttarakhand.
As per the Government Order by the Uttarakhand Government, the NOC would be provided to the faculty only when employment was sought at other medical colleges within the State.
Challenging the order and the decision of the Uttarakhand High Court, which had upheld the Government Order of denying NOC to the petitioner, an Assistant Professor of Community Medicine at Government Medical College, Haldwani approached the Apex Court bench.
Filing the plea, the petitioner urged the Apex Court to issue directions so that the NOC is applied for a faculty position at the Institute of Medical Sciences, Banaras Hindu University at Varanasi.
While considering the matter, the Apex Court Vacation Bench comprising Justices Rajesh Bindal and Prasanna B Varale issued notice noting, "Issue notice to the respondents, returnable within six weeks, only for consideration of the validity of the communication dated 27.08.2020 in terms of which no objection certificate is not issued to the Members of Faculty working in the Government Medical Colleges, for employment else where. No case is made out for grant of interim order."
The matter has been listed for further hearing on 7th August 2024.
As per the latest media report by Live Law, the petitioner argued that the condition put by the Government Order specifying that the NOC would be given only when a teacher applies for appointment in a Government College within the State was arbitrary and illegal. He further contended that all Medical Colleges formed a homogeneous class and therefore, the artificial classification made by the impugned Government Order between Government Medical Colleges within and outside Uttarakhand was unsustainable. Therefore, the petitioner prayed to the Court to set aside the impugned Government Order.
On the other hand, the State Counsel argued that the grant of NOC was the sole prerogative of the State and if it found an individual to be indispensable for the institute he could turn down the request for NOC without violating any law.
Earlier, while considering the matter, the HC bench had upheld the Government Order after noting that since Uttarakhand was a Hill State and the Government Medical Colleges within the State were facing a scarcity of faculty members, "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," held the High Court.
Further, the HC bench rejected the argument of the petitioner that an artificial classification was made by the Government Order between the medical colleges which was in reality 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," observed the HC bench.
To view the Supreme Court order, click on the link below:
https://medicaldialogues.in/pdf_upload/supreme-court-uttarakhand-241910.pdf
