JUDGMENT :

Sameer Jain, J.

1. The instant appeal has been filed by the State against the order impugned dated 23.02.2021, passed by the learned Single Judge, whereby the petition preferred by the respondents herein, was allowed.

2. Concisely noted, the factual narrative of the instant appeal dictates as under:-

2.1. That in pursuance to the notification issued for the NEET-PG 2020 Examination, the respondents sought a ‘No Objection Certificate’ (NOC) from their employers, to participate in the said examination.

2.2. That at the time of seeking the said NOC, the respondents were employed in government service. Their portfolio/position reads as under:

a. Respondent No.1- Senior Demonstrator (Pathology), S.M.S. Medical College, Jaipur. [Non-Clinical Branch]

b. Respondent No.2- Senior Demonstrator (Microbiology), R.N.T. Medical College, Udaipur. [Non-Clinical Branch]

c. Respondent No.3- Assistant Professor (Preventive & Social Medicine), R.N.T. Medical College, Udaipur. [Non-Clinical Branch]

2.3. That the NOC was issued to the respondents only for the purpose of participating in the NEET-PG 2020 Examination. It was categorically incorporated in the said NOC that the mere possession of the same,