High Court · 2025

Mr. Ankurit Raj David, Advocat e for t he pet it ioner.

2. Mr. N.S. Pundir, Deput y Advocat e General for t he St at e of Ut t arakhand / respondent nos. 1 t o 3.

3. Mr. Shivam Rat uri, Advocat e, holding brief of Mr. Shailendra Nauriyal, Advocat e for respondent no. 4.

4. Pet it ioner part icipat ed in a select ion t o M.Sc. Nursing Course. for ent rance According t o him , he has been select ed, however, NOC for t aking adm ission has been denied t o him by his em ployer i.e. Direct or, Medical Educat ion, Ut t arakhand. feeling aggrieved, pet it ioner has Thus, t he approached following reliefs: - t his Court , seeking “ 1. I ssue a w rit , order or dir ect ion in t he nat ur e of cert ior ari t o quash t he order dat ed 21/ 07/ 2025 passed by t he Dir ect or Medical Educat ion, Dehradun whereby t he perm ission for pur suing M.Sc. Nur sing cour se has been out right ly rej ect ed and order dat ed 06/ 09/ 2025 passed by t he principal Gov ernm ent Nursing College, Sursingdhar, New Tehr i wher eby an explanat ion has been called from t he pet it ioner . t o t he t he applicat ion

2. I ssue a w rit , order or dir ect ion in t he nat ure of t o m andam us consider t o part icipat e in t he ongoing adm ission pr ocess and furt her dir ect t he respondent s aut horit ies t o gr ant perm ission t o t he pet it ioner for pursuing M.Sc. Nurshing course for t he year 2025- 2026.” r espondent aut horit y form and per m it Learned St at e Counsel was asked t o 5. learned St at e inst ruct ions. Today, Counsel has produced in Court let t er dat ed from Direct or, 18.09.2025, received Medical Educat ion. Paragraph nos. 3 & 4 of t he said let t er are ext ract ed below: - “ 3. That sending t he pet it ioner will definit ely adver sely affect t he depart m ent al work because four bat ches of 40 nursing st udent s each ( about 160 st udent s) are st udying for B. Sc. Nursing course. As per I ndian Nursing Council ( I NC) norm s of 1: 10 r at io, t her e is r equir em ent of 16 facult y m em bers. Out of which t her e are only 07 m em bers ( 03 Assist ant , 04 t ut ors) work ing t here. Due t o t he facult y deficiency, college has not got suit abilit y cert ificat e academ ic y ear 2025- 26. So it s very m uch sure t hat m ovem ent of t he pet it ioner will adv er sely affect t he depart m ent . I NC

4. That as per GO num ber 1/ 47977/ 2022 dat ed 08.07.2022; educat ion leav e for M. Sc. Nur sing could be given only aft er 05 y ear s com plet ion of Gov ernm ent services in t he depart m ent . A copy of t he GO dat ed 08.07.2022 is annex ed.” 160 st udent s Learned St at e Counsel subm it s t hat 6. t here is acut e short age of Tut ors in t he Governm ent Nursing College, Tehri, where present ly undergoing t raining; as per norm s laid down by I ndian Nursing Council, for 160 st udent s, 16 facult y m em bers were needed; while, t here are only 7 facult y m em bers present ly available t he inst it ut e. Thus, he subm it s t hat due t o short age of facult y, request m ade by t he pet it ioner for NOC was refused. He furt her subm it s also, pet it ioner t o educat ion leave, as such leave can be grant ed only five years service upon com plet ion of provided t he St at e, Governm ent Order dat ed 08.07.2022. He subm it s t hat pet it ioner was appoint ed as Tut or only on 27.12.2021 and he would be com plet ing five years in Decem ber, 2026. t hat is not ent it led ot herwise

7. A Division Bench of t his Court in WPSB No. 308 of 2024 has held t hat em ployee cannot claim NOC as a m at t er of right and it is a discret ion available t o t he em ployer t o grant NOC or not . Paragraph nos. 10 of t he said j udgm ent is reproduced below: - t he above discussion, “ 10. From apparent t hat NOC for seeking em ploym ent under som e ot her em ployer requires consent of t he em ployer. When an em ployee request s for NOC and t he em ployer accedes t o t he request of t he em ployee, t hen NOC is issued. Thus, bot h part ies m ust agree, before NOC can be issued. I f t he em ployer does not agree t o t he request m ade by em ployees, t he St at e NOC cannot be Governm ent has exercised it s right t o say no, which is available t o every em ployer. The t o be im pugned decision cannot be said arbit rary, j udicial int erference.” issued. Thus, t o warrant I n view of t he aforesaid fact s and 8. circum st ances, t his Court do not find any reason t o int erfere in t he m at t er.

9. Since pet it ioner is discharging dut ies as Tut or in Governm ent Nursing College, Tehri and he has not proceeded on leave, t herefore, t his Court hopes and expect s t hat t he show cause not ice issued against t he part icipat ing in t he ent rance t est , shall not be t aken any furt her and t he m at t er shall be dropped t here only.

06.09.2025, pet it ioner

10. Accordingly, disposed of. t he writ pet it ion ( M a n o j K u m a r Ti w a r i , J.)

18.09.2025 Navin NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df00 6da82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA8756 43AF56D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA