The petitioner should be granted NOC to pursue her PhD. course, despite ongoing departmental proceedings, and the grant of NOC shall not prevent the ongoing departmental proceedings against the petitioner.

JUDGMENT

Ravindra Maithani, J. (Oral) - The petitioner seeks following reliefs:-

" (i) To issue a writ, order or direction in the nature of certiorari quashing the order dated 23.12.2020, 11.01.2021 (Annexure No.1, 2) passed by respondent no.2, refusing to grant NOC to the petitioner for undertaking PhD. Course.

(ii) To issue a writ, order or direction in the nature of mandamus commanding respondent no.2 to issue NOC to the petitioner for pursuing PhD. Course."

2. It is the case of the petitioner that she was appointed as Lecturer (Geography) in KL DAV Inter College, Roorkee (for short "the College") on 12.08.2013. Her appointment was challenged in one of the writ petition, which was dismissed. Thereafter again, an inquiry by a Special Investigation Team (in short "SIT") was conducted. The petitioner challenged that inquiry report in a writ petition, which is still pending and in which status quo order has been passed. But again the petitioner was suspended based on the same inquiry report of SIT, which has further been challenged by the petitioner in a writ petition, which is still pending.

3. The origin of the instant controversy is that the petitioner wanted to pursue her PhD. Course from Kumaun University, Nainital. She applied for the same and she was selected. The petitioner was required to submit the No Objection Certificate (in short "NOC") from the College. The college vide communications dated 23.12.2020 and 11.01.2021 declined for NOC on the grounds that since in a departmental inquiry, administrative inquiry and SIT investigation, the petitioner was found guilty of securing job by forging the documents and she is under suspension and facing departmental inquiry, therefore, NOC shall not be granted to her.

4. The petitioner challenges these two communications of the college and also seeks that respondent no.2 may be directed to issue NOC, so that the she may pursue her PhD. course.

5. Heard learned counsel for the parties and perused the record.

6. Learned counsel for the petitioner would submit the chronology of the events, which is as hereunder:-

(i) The petitioner's appointment was initially challenged in a writ petition being WPSS No. 1578 of 2015 "Amit Kumar Vs. State of Uttarakhand and others", which was dismissed on 09.05.2017.

(ii) SIT has conducted an inquiry and submitted an inquiry report dated 24.12.2019 which was challenged by the petitioner in WPSS No. 112 of 2020 "Smt. Sanyogita Kumari Vs. State of Uttarakhand and others", in which status quo order was passed on 10.01.2020.

(iii) Despite status quo order, petitioner was placed under suspension, which she challenged in writ petition being WPSS No.476 of 2020 "Smt. Sanyogita Kumari Vs. State and others", which is pending for adjudication.

7. The suspension of the petitioner is not in accordance with the Rules because approval of the competent authority has not been taken within sixty days, and by fiction of law, the suspension order seems to be bad.

8. It is argued that the petitioner now intends to pursue her PhD. course, for which she requires NOC from the college, but the college without any reasonable cause declined to grant NOC to the petitioner.

9. On behalf of the respondents, learned counsel would submit that in the writ petition challenging the suspension order, no interim order has been rendered; the petitioner is under suspension and disciplinary proceedings are pending against her, in which she is not cooperating at all. The petitioner is directed not to leave the station, but she has left the station due to which departmental proceedings could not proceed. It is also argued that, in fact, the respondents are not the appointing authority and the competent authority has not been impleaded in the writ petition.

10. During the course of hearing, learned counsel for the petitioner would submit that in fact the petitioner has appeared in the interview of PhD. course and she has been declared successful. Now she has to complete all the formalities for admission,