Every Individual Has Fundamental Right To Career Progression, Resignation Or Request For NOC Can't Be Denied Arbitrarily : Himachal Pradesh HC
The Himachal Pradesh High Court bench comprising of Justice Jyotsna Rewal Dua held that an unwilling employee cannot be compelled to continue in service merely on the ground of staff shortage; every individual has a fundamental right to career progression, and resignation or request for NOC cannot be denied arbitrarily, especially when applicant is willing to serve the State as a Super Specialist for five years after completing the course.
Background Facts
The petitioner was serving as Assistant Professor in General Medicine at Pt. Jawahar Lal Nehru Government Medical College and Hospital, Chamba. He had appeared in the NEET Super Specialty Entrance Examination conducted on 29.03.2025. The merit list was declared in April 2025 wherein he was placed. He was allotted an All-India quota seat for the 3-year DNB-SS-Cardiology course during the second round of counselling. Therefore, he was issued a provisional allotment letter on 10.06.2025.
On 12.06.2025, the petitioner submitted an application through proper channel to respondent, seeking a No Objection Certificate (NOC) for pursuing the course. However, the respondents did not take any decision on his request. The last date for completing admission formalities was 19.06.2025, therefore, petitioner gave his resignation on 14.06.2025 to avoid losing the allotted seat. There was delay and inaction on the part of the respondent authorities in granting the NOC or accepting his resignation.
Aggrieved by the same, the petitioner filed the writ petition
It was contended by the petitioner that despite being selected for the DNB-SS-Cardiology course through a valid examination process, the respondents failed to take any timely decision on his application for No Objection Certificate. He submitted that such inaction was unjustified and arbitrary, especially when the last date for completing the admission formalities was fast approaching. He argued that the delay on the part of the authorities compelled him to tender his resignation on 14.06.2025, because he wanted to secure his right to join the allotted course. It was further contended that denial of NOC or refusal to accept his resignation solely on the ground of staff shortage was arbitrary and violated his right to career advancement.
It was further submitted by the petitioner that if he was permitted to avail extraordinary leave without pay then he was ready to give a written undertaking to serve the State as a Super Specialist for five years after completing the course.
On the other hand, it was contended by the State that the petitioner's request for issuance of No Objection Certificate and acceptance of his resignation was rejected in the interest of the Medical College and public at large. It was argued that if the petitioner was relieved at this stage, it would adversely affect the functioning of the medical institution due to shortage of faculty. It was further contended that allowing the petitioner to leave would lead to non-fulfilment of the minimum faculty requirements prescribed by the National Medical Commission. Further it could attract penalties and affect the recognition status of the institution.
Findings of the Court
It was observed by the court that the petitioner had participated in the NEET Super Specialty Examination and was allotted a seat for the DNB-SS-Cardiology course. But the respondents failed to act on his request for issuance of No Objection Certificate in a time-bound manner. It was observed by the court that shortage of medical staff cannot be a valid ground to deny resignation or NOC to a medical professional seeking career advancement.
It was further observed by the court that the petitioner was willing to furnish a written undertaking to serve the State as a Super Specialist for five years after completing the course. Such willingness to serve reflected a balanced approach between personal advancement and public interest.
The case of Dr. Trilok Chand vs. Union of India & Anr. was relied upon by the court wherein it was held that resignation of an employee cannot be rejected on any ground set up by the State. Every individual has a right to progress in his/her career. Further if there is any shortfall of the faculty, then State can fill up the vacated post by way of direct recruitment, contract or even by promotion in terms of Recruitment & Promotion Rules. It was held that in case an employee is not willing to serve the department, he cannot be forced to do so.
Further the case of Ajay Kumar Chauhan v. State of Himachal Pradesh, was relied upon by the court wherein the resignation tendered by the appellant was rejected by the State Government on the ground that there was an acute shortage of Medical Officers (Specialists) in the State. However, it was held by the court that the same by itself cannot be a reason enough which can bind an unwilling employee to serve the State.
It was held by the court that the refusal to issue NOC or accept resignation on the ground of institutional requirement was unjustified. Therefore, the respondents were directed by the court to issue the NOC and grant extraordinary leave without pay. Further, the petitioner was directed to submit his written undertaking to serve the State as a Super Specialist for five years.
With the aforesaid observations, the writ petition was allowed.
Case Name: Sanjay Kumar v. State of Himachal Pradesh & Others
Case No.: CWP No. 9718 of 2025
Counsel for the Petitioner: Dilip Sharma, Senior Advocate with Om Pal and Sahil Dixit, Advocates
Counsel for the Respondents: Anup Rattan, Advocate General with L.N. Sharma, Additional Advocate General