SANYOGITA KUMARI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The petitioner seeks following reliefs:-

(2.) It is the case of the petitioner that she was appointed as Lecturer (Geography) in KL DAV Inter College, Roorkee (for short 'the College') on 12.08.2013. Her appointment was challenged in one of the writ petition, which was dismissed. Thereafter again, an inquiry by a Special Investigation Team (in short 'SIT') was conducted. The petitioner challenged that inquiry report in a writ petition, which is still pending and in which status quo order has been passed. But again the petitioner was suspended based on the same inquiry report of SIT, which has further been challenged by the petitioner in a writ petition, which is still pending.

(3.) The origin of the instant controversy is that the petitioner wanted to pursue her PhD. Course from Kumaun University, Nainital. She applied for the same and she was selected. The petitioner was required to submit the No Objection Certificate (in short 'NOC') from the College. The college vide communications dated 23.12.2020 and 11.01.2021'declined for NOC on the grounds that since in a departmental inquiry, administrative inquiry and SIT investigation, the petitioner was found guilty of securing job by forging the documents and she is under suspension and facing departmental inquiry, therefore, NOC shall not be granted to her.