The main legal point established is the impact of an employee's suspension on entitlements, as well as the interpretation and application of UGC Act provisions and relevant regulations.

Anu Malhotra, J.

1. By this petition, the petitioner seeks a writ in the nature of certiorari quashing the impugned letter/e-mail dated 6.6.2017 communicated by the respondent No.1, i.e., the Indraprastha College for Women, as being arbitrary, whimsical, cryptic, mechanical, laconic and wholly unconstitutional.

2. The petitioner also seeks a writ of mandamus directing respondent No.1 to issue a “No Objection Certificate/ Relieving letter and seeks that the application of the petitioner be attested so that she can apply for the University Grants Commission’s Refresher courses/Orientation programmes 2017-18.

3. The petitioner is an Assistant Professor in the Indraprastha College for Women and was confirmed on 30.9.2011 as Assistant Professor, Physical Education and Sports Department of IP College, Delhi University, New Delhi.

4. Disciplinary proceedings were initiated against the petitioner for alleged misconduct which are stated to be still pending and as submitted during the course of the hearing, the petitioner is under suspension since the last five years. The petitioner, however, seeks that she be allowed to pursue the University Grants Commissions” supported Orientation Programme and Refresher Course for teachers to be conducted by the University Grants Commission’s academic staff and colleges and submits that as per the UGC’s guidelines, the Universities and Colleges have to allow the interested, eligible teachers to attend the UGC-ASC Courses based on their eligibility, or else valid reasons would have to be intimated to the teachers concerned for not sending of the teachers for the purpose, as the courses so organized for the teachers are to ultimately benefit the University and the college, and the teacher.

5. During the course of submissions made on behalf of the petitioner, Mr. G. Tushar Rao, learned counsel appearing for the petitioner, submitted that the Orientation Programme (OR-89) for which the petitioner seeks recommendation from the respondent No.1 is scheduled from 10.8.2017 to 8.9.2017 and the last date for registration thereof is 25th July, 2017.

6. Learned counsel for the petitioner further submitted that after the petitioner was placed under suspension, during the enquiry proceedings, respondent No.1 vide letter dated 14.7.2014 issued her a Non-employment Certificate stating inter alia to the effect:

“during the period of suspension, there is no provision to grant you leave as per applicable rules. Kindly note that you will therefore not leave station without information to the concerned authority. Any programme/course that you pursue would require the prior information and sanction of the competent authority.”

7. The petitioner, thus, submits that pursuant to the said letter dated 14.7.2014 and in compliance thereof, she applied to the Principal of respondent No.1 vide letter dated 11.5.2017 seeking that her application forms which were duly annexed be attested and a No Objection Certificate/Relieving Letter, as the case may be, be issued to her so that she could fulfill the minimum academic requirement as per the UGC’s rules and regulations.

8. The petitioner submits that she also applied for the Refresher Course in Physical Education and Sports at the Guru Nanak Dev University, Amritsar for the period 20.05.2017 to 09.06.2017 and had also simultaneously applied in the Jamia Millia Islamia, New Delhi for the Orientation Programme and had also applied for the Orientation programme in the Kurukshetra University for the Orientation Programme from 18.5.2017 to 14.6.2017 as also the Center for Professional Development in Higher Education, Delhi University for Orientation Programming and that all these application forms were duly submitted by the petitioner to the management for their attestation and obtaining No Objection Certificate.

9. The petitioner has further submitted that despite reminders sen