Resignation Or Request For NOC Can’t Be Denied Arbitrarily: High Court Order

Petitioner is serving as Assistant Professor in General Medicine in Pt. JLNGMC&H Chamba. He appeared in NEET Super Specialty Entrance Examination held on 29.03.2025. The result thereof was declared in April 2025. Petitioner secured a place in the merit list. During second round of counselling, he was allotted an All-India quota seat for DNB-SS-Cardiology course. A provisional allotment letter was issued to him on 10.06.2025.

On 12.06.2025, the petitioner through proper channel represented to respondent No.2 for grant of No Objection Certificate (‘NOC’) for pursuing 3-year DNB-SS-Cardiology course. According to the petitioner, he did not hear any response from the respondents. The last date for completing codal formalities for seeking admission to the course was stated to be 19.06.2025. In this background, the petitioner tendered his resignation to the respondents on 14.06.2025. The delay on the part of the respondent in taking a prompt decision on the aforesaid request of the petitioner compelled him to institute writ petition.

There was significant delay on part of department to provide NOC. 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 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.

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