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Tripura High Court · body

2016 DIGILAW 400 (TRI)

Aditya Kumar son of Sri Arvind kumar Singh v. State of Tripura

2016-11-23

S.TALAPATRA

body2016
JUDGEMENT AND ORDER Heard Mr. CS Sinha, learned counsel appearing for the petitioner as well as Mr. TD Majumder, learned Government Advocate appearing for the respondents. 2. A short issue that falls for consideration in this writ petition is that presently the petitioner is working as the Assistant Professor [Veterinary Anatomy] in the College of Veterinary Sciences & Animal Husbandry, RK Nagar, Agartala. Pursuant to the advertisement No. 1/2016, the petitioner has applied for the post of Assistant Professor (Anatomy) at Sardar Vallabhbhai Patel University of Agriculture and Technology, in short SVP University, Meerut and he had sent one advance copy of the application on 16.08.2016 to the Registrar, SVP University, Meerut. On 24.08.2016, the petitioner submitted the original application dated 16.08.2016 by the letter dated 24.08.2016 in the college and requested to forward the same to SVP University, Meerut. It is not in dispute that the petitioner had simultaneously approached for issuing No Objection Certificate so that he can appear in the interview for the said post of Assistant Professor (Anatomy) at the said University. The petitioner has averred that from the said college one Dr. Charan Singh Sharma, Associate Professor who applied for the post of Associate Professor in Nanaji Deshmukh Veterinary Science University, Madhya Pradesh and for the post of Associate Professor, TVCC, SVP University, Meerut, Uttar Pradesh has been favoured with the No Objection Certificate. But by the communication dated 04.10.2016, the Principal, the College of Veterinary Science and AH, Agartala has communicated that the petitioner cannot be considered for having the No Objection Certificate due to acute shortage of faculty members in his Department and in future such request would be considered. Being aggrieved by this communication, the petitioner has approached this Court by means of this writ petition and urged for the following reliefs, inter alia: Why the petitioner should not be provided with No Objection certificate in his favour enabling him to appear before the interview Board scheduled on 26.11.2016 for the post of Assistant Professor (Anatomy) at SVP University, Meerut by interfering the said order communicated by the letter dated 04.10.2016 by the Principal of his college. 3. Mr. TD Majumder, learned Government Advocate having received the copy of this writ petition has taken written instruction from the respondents. 3. Mr. TD Majumder, learned Government Advocate having received the copy of this writ petition has taken written instruction from the respondents. From the said written instruction dated 22.11.2016, as placed before this Court, it transpires that the Principal of the petitioner’s college has reiterated the same position as reflected in the impugned communication but he has added something more as to the serious shortage of the faculties in the department where the petitioner is working. 4. Mr. CS Sinha, learned counsel appearing for the petitioner has submitted that the petitioner is entitled to have his job wherever he is inclined to have unless he is so restrained or prohibited by any provisions of law or the contract of the employment but there is no such clause of prohibition or restraint. 5. Mr. Majumder, learned Government Advocate has fairly submitted that except the acute shortage of the faculty, the government does not have any other ground in declining the request for the No Objection Certificate. 6. Having due regard to the submissions as projected by the learned counsel for the parties, this court is of the view that the government cannot legally restrain the petitioner from applying and appearing in an interview for a new job unless that is so precluded by any condition of the contract for service or by any other rule. No such rule has been brought to the notice of this court. Hence, the respondents are directed to issue No Objection Certificate in favour of the petitioner so that he can appear in the interview which is scheduled to be held on 26.11.2016. Such No Objection Certificate should be issued by tomorrow i.e. 24.11.2016) in favour of the petitioner. A copy of this order be supplied to Mr. TD Majumder, learned Government Advocate in the course of the day. In view of the above, this writ petition stands allowed to the extent as indicated above. The file that has been produced by Mr. Majumder is returned.