PANKAJ SINGH RANA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Petitioner participated in a selection for the post of Assistant Teacher - L.T. Grade held by Uttarakhand Subordinate Service Selection Commission pursuant to advertisement dtd. 3/1/2017. Petitioner was selected and his name was recommended by the Selecting Body for appointment in Science subject vide letter dtd. 19/12/2018, however, the Appointing Authority has not issued any order in his favour. Thus, feeling aggrieved, petitioner has approached this Court.

(2.) It is the contention of the petitioner that Appointing Authority/Additional Director of Education, Kumaon is requiring the petitioner to produce 'No Objection Certificate' from his previous employer i.e. Commandant, 40th Battalion, P.A.C. Haridwar. According to the petitioner, he was appointed as Constable in P.A.C. in the year 2007 and after serving for nearly ten years, he tendered resignation which was accepted by the Competent Authority on 31/7/2017. The order passed by Commandant, 40th Battalion, P.A.C., Haridwar on 31/7/2017, whereby petitioner's resignation was accepted, is on record as Annexure No. 4 to the writ petition.

(3.) According to the petitioner, candidates who applied for the post of Assistant Teacher - L.T. Grade pursuant to advertisement dtd. 3/1/2017 were asked to submit online application and in the online application form, there was no column for NOC from the present employer nor there was any requirement of routing the application through the present employer. He further submits that since there was no requirement of submitting NOC from the present employer with the application, therefore, petitioner did not obtain any NOC while submitting online application and subsequently, he resigned from the post of Constable, which became effective from 31/7/2017. Learned counsel for the petitioner further submits that written examination for the post of Assistant Teacher - L.T. Grade was held on 21/1/2018 and thereafter successful candidates were called for document verification and thereafter counselling was held in December, 2018.