JUDGMENT :

Sanjay Kumar Medhi, J.

1. The action of the authorities namely, the Border Roads Organization (BRO) in denying the permission for his joining the National Highway Authorities of India (NHAI) on deputation pursuant to his selection in a recruitment process initiated vide an advertisement dated 20.01.2020 is the subject matter of this Writ Petition. The petitioner has put to challenge specifically an order dated 19.02.2020 issued by the NHAI whereby his request for issuance of No Objection Certificate (NOC) has been turned down.

2. For better appreciation of the issue at hand, it would be necessary to state the facts of the case in brief :

3. The petitioner is presently serving as an Executive Engineer (Civil) under the BRO and has claimed fit to be considered for appointment on deputation to the post of General Manager (Technical) in the NHAI. He further claims to have fulfilled all criteria for such posting including the length of service in the Parent Organization and the required stints in posting at High Altitude Area (HAA).

4. The NHAI had issued an advertisement on 21.01.2020 for recruitment of various post including 20 posts of General Manager (Technical) on deputation. Having fulfilled the eligibility criteria, the petitioner submitted his candidature. In the procedure prescribed in the advertisement regarding submission of application, under Serial No. 11, it was mentioned that application can be made ONLINE only and after submission of the ONLINE application form, a PDF format containing the details entered by the applicant would be generated and the applicant is required to take out a print of the ONLINE application form and get the same forwarded by his Parent Department along with the prescribed Verification Certificate and certified copies of APARs/ACRs. The application has to be forwarded by the Department by enclosing certain necessary certificates. In accordance thereto, the petitioner had submitted an application dated 06.02.2020 to the authorities enclosing the necessary documents which were required to be submitted to the NHAI and requested that the same be forwarded. It appears that on 07.02.2020, the application of the petitioner was duly forwarded to the appropriate authority with recommendation by the Offg. Addl. DGBR (East). No further communication was received by the petitioner in this regard.

5. The NHAI vide letter dated 22.05.2020 informed the BRO authorities with an attached list of applicants informing the date of selection and also requesting for permitting the officer to attend the interview as per the schedule. It appears that in the said selection, the petitioner along with other candidates had appeared and the petitioner was selected which was intimated vide letter dated 09.06.2020 to the authorities of the BRO with a request that NOC be issued in so far as the deputation of the petitioner was concerned. A copy of the said letter was also marked to the petitioner with a request to forward his willingness for such deputation. Pursuant to the same, the petitioner submitted an application dated 10.06.2020 to the DGBR requesting for such NOC. A similar letter was also addressed by the petitioner to the Addl. DGBR (East). It appears that vide a forwarding letter dated 09.06.2020, a copy of an order dated 19.02.2020 was communicated to the petitioner stating that the petitioner was due for "HAA" (High Altitude Area) turn over and acute deficiency of officers eligible for HAA posting and therefore, the case of the petitioner was not recommended. It appears that at no earlier point of time, the letter dated 19.02.2020 was communicated to the petitioner and rather, the petitioner was given the impression that due permission was accorded for his participation in the selection process initiated vide the advertisement dated 21.01.2020.

6. In the meantime, the petitioner had also informed his willingness to join the NHAI on deputation vide letter dated 12.06.2020 and further, a communication dated 15