The Allahabad High Court has quashed the decision of the All India Institute of Medical Sciences (AIIMS), Raebareli, denying a No Objection Certificate (NOC) to Dr. Parul Sinha, an Associate Professor, for attending an interview at Dr. Ram Manohar Lohia Institute of Medical Sciences (RMLIMS), Lucknow. Justice Abdul Moin directed the competent authority to issue the NOC forthwith, stating that a faculty shortage at the institute could not be cited as a valid reason to withhold the certificate.
Background
Dr. Parul Sinha, currently serving as Associate Professor in the Department of Obstetrics and Gynaecology at AIIMS Raebareli, applied for the same post at RMLIMS in response to Advertisement No. DrRMLIMS/ER/Rect-F(R)/2025/288, dated 21.02.2025. The interview was scheduled for June 8, 2025, and as per the general instructions of the advertisement, an NOC from the current employer was required.
Dr. Sinha submitted her request for NOC on 25.03.2025. However, the same was rejected via a communication dated 13.05.2025, citing “public interest” as the reason.
Arguments
Counsel for the petitioner contended that the denial of NOC was arbitrary and cryptic, offering no valid reason. Furthermore, they argued that AIIMS had failed to provide any substantial justification to withhold the NOC.
On behalf of AIIMS, Senior Advocate Shri S.B. Pandey cited the Office Memorandum (OM) dated 24.11.2022 issued by the Government of India, which governs the forwarding of applications for outside employment. He acknowledged that while the OM states that forwarding applications should be the rule rather than the exception, it allows withholding such applications in the “public interest.” In this case, the public interest cited was a “severe shortage of faculty” in the institute, as communicated by the Deputy Director (Administration) on 29.05.2025.
Court’s Analysis
Justice Abdul Moin examined the relevant OM, which provides that withholding of applications is permitted only in exceptional cases justified by compelling public interest. The Court observed:
“Although from the communication impugned dated 13.05.2025, the ‘Public Interest’ does not emerge yet from the instructions… it emerges that the ‘Public Interest’ as cited by AIIMS is the severe shortage of faculty.”
The Court found this reason insufficient to justify the denial. It noted:
“In case the Institute, on its own accord, chooses not to appoint any faculty or not to make any recruitment for any faculty… the pitfall of the same cannot be placed on the shoulders of the petitioner so as to deprive her of an opportunity of applying elsewhere.”
It was further emphasized that there was no claim that the petitioner played any role in the appointment of faculty or contributed to the staffing shortfall.
Decision
The Court allowed the writ petition and quashed the communication dated 13.05.2025 issued by AIIMS Raebareli. The Court directed the competent authority to grant the NOC to Dr. Parul Sinha immediately, and in any case, before June 8, 2025.
Additionally, the Court clarified:
“This order would only be construed for the application for permanent post which has been applied for by the petitioner in pursuance to Advertisement No. DrRMLIMS/ER/Rect-F(R)/2025/288.”
The Court instructed that the order, dictated in open court, be complied with without waiting for a certified copy, and directed respondent’s counsel to inform the authorities immediately for issuance of the NOC.
Case Title: Dr. Parul Sinha vs. All India Institute Of Medical Sciences Raebareli & Anr.
Case No.: Writ – A No. 6237 of 2025
