The main legal point established in the judgment is that the rejection of a representation for NOC must be in compliance with constitutional provisions, and any arbitrary or discriminatory action in this regard violates the fundamental rights of the individual.

JUDGMENT

B.R. Sarangi, J. - The petitioner, who is at present working as Assistant Professor in the Department of O & G, Pandit Raghunath Murmu Medical College and Hospital, Baripada, Mayurbhanj, has filed this writ petition to quash the order dated 21.01.2021 at Annexure-6 passed by opposite party no.1 rejecting her representation for issuance of "No Objection Certificate" (NOC) to appear in the interview for the post of faculty at All India Institute of Medical Sciences (AIIMS), Bhubaneswar pursuant to advertisement No. AIIMS/ BBSR/ RECT./ REG.FAC/ 2020/873/3406 dated 13.11.2020 on the ground of inadequacy of faculties in Government Medical Colleges.

2. The factual matrix of the case, in hand, is that the petitioner, after completion of her Post Graduation in O & G, was initially recruited as Assistant Surgeon pursuant to open advertisement made in the year 2006. Accordingly, appointment order was issued in 2007, pursuant to which she joined in District Headquarter Hospital, Kandhamal at Phulbani.

2.1. While she was so continuing, an advertisement bearing no.10 of 2016-17 was issued by Odisha Public Service Commission inviting online applications from the prospective candidates for recruitment to the post of Assistant Professor (Specialist) in different disciplines under the Odisha Medical Education Service (OMES) cadre for posting in Government Medical Colleges in the State in the rank of Group-A under Health and Family Welfare Department. The petitioner, having requisite qualification and eligibility, applied for the post of Assistant Professor and she came out successful in the written examination, whereafter in February, 2019 she joined as Assistant Professor in the Department of O & G, Pandit Raghunath Murmu Medical College & Hospital, Baripada, Mayurbhanj and continuing as such till date.

2.2. The Director, AIIMS, Bhubaneswar issued an advertisement on 13.11.2020 for recruitment of Faculty posts (Group-A) in various Departments of AIIMS, Bhubaneswar on direct recruitment basis for the recruitment year 2020. The AIIMS, Bhubaneswar is an Autonomous Institute of National importance and an apex health care institute being established by the Ministry of Health and Family Welfare, Government of India under the Pradhan Mantri Swathya Surakhya Yojana (PMSSY) with an aim of correcting regional imbalance in quality tertiary level health care in the country and attaining selfsufficiency in Graduate, Post Graduate and higher medical education and training.

2.3. The petitioner belonging to S.T. category fulfilled all the eligibility criteria for being appointed in faculty post (Group-A), i.e., Asst. Professor in O & G and had applied in time for the said post as per advertisement dated 13.11.2020. But, as per Clause-19 of the advertisement, the petitioner was to submit NOC from the present employer at the time of interview or as per the instructions issued from time to time. It was also clarified in the said advertisement that no candidate will be allowed to appear in the interview without NOC from his employer. Therefore, the petitioner, vide letter dated 25.11.2020, requested the Commissioner-cum-Secretary, Health & Family Welfare Department for issuance of NOC and the Dean and Principal, Pandit Raghunath Murmu Medical College and Hospital, Baripada, vide letter dated 02.12.2020 under Annexure-4, forwarded the same to the Director of Medical Education & Training for issuance of NOC to appear in the interview for recruitment in faculty post (Group-A) as per advertisement issued by AIIMS, Bhubaneswar. The Director of Medical Education & Training, Odisha, vide letter dated 15.12.2020 under Annexure-5, requested the Government for issuance of NOC in favour of the petitioner. But, opposite party no.1, vide letter dated 21.01.2021 under Annexure-6, intimated the Director of Medical Education & Training, Odisha that the Government after careful consideration rejected the application of the petitioner for grant of NOC taking into considerati