IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No. 6517 of 2023 Decided on: 24.11.2023 Dr. Sunil Thakur ……..Petitioners Versus State of H.P. & Ors …….Respondents Coram HON'BLE M R. JUSTICE RANJAN SHARMA, JUDGE WHETHER APPROVED FOR REPORTING? Yes For the petitioner : Mr. V ishwa Bhushan, Advocate.

For the respondents : Mr. Anup Rattan, Advocate General with Mr. B.C. Verma, Additional Advocate General for respondents No. 1 to 3.

Mr. Shiv Pal Manhans, Senior Panel Counsel for respondent No.4 Ranjan Sharma, (Oral)

H Notice. Mr. B.C. Verma, learned Additional Advocate General appears and waives service of notice on behalf of the respondents.

2. With the consent of the parties, the instant writ petition is taken up for disposal, at this stage, in view of the peculiar facts as borne out from the pleadings. P

3. The petitioner, has filed the instant writ petition, seeking the following relief(s):-

“a) That the action of respondents No. 1 to 3 in not issuing the No Objection Certificate, Vigilance Clearance Cer tificate, Certificate of Major/Minor Penalty and Integrity Certificate in favour of the petitioner for the purpose recruitment to the post of Associate Professor, Department of oAnaesthesia in AIIMS Bilaspur may kindly be held illegal, arbitrary, unreasonable, unjustified, in valid, unconstitutional, discriminatory, violative of Articles 14 and 16 of the Constitution h of India and unsustainable in the eyes of law.

ii) That the respondents/respondents No. 1 to 3 may kindly be directed to issue No Objection i Certificate, Vigilance Clearance Certificate, Certificate of Major/Minor penalty and Integrity Certificate in favour of the petitioner for the purpose of recruitment to the post of Associate Professor, Department of Anaesthesia in All India Institute of Medical Sciences Bilaspur, District Bilaspur, H.P.”

4. The case was listed on 16.09.2023 when, this Court had passed the following orders:- P “CWP No.6517 of 2023 & CMP No.12569 of 2023 Notice. Ms. Seema Sharma, learned Deputy Advocate General and Mr. Nand Lal Thakur, learned Sr. Panel Counsel, appear and waive service of notice on behalf of respondents No. 1 to 3 and respondent No.4 respectively.

Respondents have not issued No Objection Certificarte (NOC) to the petitioner for paurticipating/ appearing in the selection process /interview for the post of Assistant Professor (Anaesthesia) in All India Institute of Medical CScience (AIIMS) Bilsapur, H.P.

2. Aggrieved, petitioner has preferred instant writ petition alongwith application seeking interim directions for provisional participation g /appearing in the interview in the selection process for appointment to the post of Assistant professor (Anaesthesia) in AIIMS, Bilaspur, H.P. Petitioner is serving as Assistant Professor at Dr.RKGMC Hamirpur, w.e.f. 15.01.2020.

3. AIIMS Bilaspur, issued a recruitment notice on 14.06.2023 (Annexure P-1), inviting applications for several faculty posts in different departments. The petitioner applied for the post of Assistant Professor Anaesthesia within the stipulated time. Simultaneously, he also applied on 10.08.2023 to the respondentsDepar.tment for issuance of NOC and other required documents. His application has not been considered by the respondeHnts.

4(i) In view of urgency pointed out, at the request of learned counsel for the petitioner, this matter was taken up alongwith CWP No.6427 of 2023 wherein similar issue with similar prayer was raised/made. In sequel to the order dated 14.09.2023 passed in CWP No.6427 of 2023, respondents have placed on record instructions memo dated 16.09.2023 (in CWP No.6427 of 2023). The reasons for not considering/ accepting the prayer of the petitioner for issuance of NOC reads as under:-

“I am directed to refer to the orders passed by the Hon'ble High Court in CWP No. 6427 of 2023 titled as Dr. Deepanshu Dhiman vs Union of India and others and to say that petitioner is a direct candidate and she was appointed as Assistant Professor in the department of