SNEHALATA MALLICK Vs. STATE OF ODISHA

JUDGEMENT

(1.) The petitioner, who is at present working as Assistant Professor in the Department of O and G, Pandit Raghunath Murmu Medical College and Hospital, Baripada, Mayurbhanj, has filed this writ petition to quash the order dated 21.01.2021 at Annexure-6 passed by opposite party no.1 rejecting her representation for issuance of "No Objection Certificate" (NOC) to appear in the interview for the post of faculty at All India Institute of Medical Sciences (AIIMS), Bhubaneswar pursuant to advertisement No. AIIMS/ BBSR/ RECT./ REG.FAC/ 2020/873/3406 dated 13.11.2020 on the ground of inadequacy of faculties in Government Medical Colleges.

(2.) The factual matrix of the case, in hand, is that the petitioner, after completion of her Post Graduation in O and G, was initially recruited as Assistant Surgeon pursuant to open advertisement made in the year 2006. Accordingly, appointment order was issued in 2007, pursuant to which she joined in District Headquarter Hospital, Kandhamal at Phulbani.

(3.) Dr. J.K. Lenka, learned counsel for the petitioner argued emphatically that non-grant of "no objection certificate" to the petitioner to enable her to participate in the interview pursuant to the advertisement issued in Annexure-2 affects her fundamental rights, inasmuch as, depriving her from participating in the process of selection is arbitrary, unreasonable and contrary to the provisions of law and, more particularly, is discriminatory one which violates Articles 14 and 16 of the Constitution of India. It is further contended that every person has a right to be considered for the choice post, pursuant to the advertisement issued by the authority and such consideration cannot be denied by the employer by rejecting the application for issuance of NOC and that itself amounts to arbitrary exercise of power by the authority concerned. It is further contended that with the touchstone of the provisions contained under Articles 14 and 16 of the Constitution of India, there shall be equal opportunity for all the citizens in the matter relating to employment or appointment to any post under the State and under Article 16(2) no citizen shall on the grounds of religion, race, caste, sex, deceit, place of birth, residents or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the State. Thereby, every eligible person is entitled to apply for and to be considered of his claim for recruitment provided he satisfies the prescribed requisite qualification. Thereby, rejection of the representation filed by the petitioner for grant of NOC by opposite party no.1 is in gross violation of the constitutional mandate, as enshrined under Articles 14 and 16 of the Constitution of India, therefore seeks for interference of this Court.