STATE OF HIMACHAL PRADESH Vs. SANJAY VIKRANT

JUDGEMENT

(1.) THE respondent is working as Assistant Professor in the Super Specialty Department of Nephrology in Indira Gandhi Medical College, Shimla. Vide Advertisement No. 01/2006 (FC), All India Institute of Medical Sciences, New Delhi (AIIMS for short) invited applications from eligible persons for some appointments, including the appointment on the post of Associate Professor of Nephrology. One of the conditions attached with the aforesaid Notification was that the employees of the Government or semi Government Departments should route their applications through proper channel. This necessarily meant that the respondent being an employee of the Government of Himachal Pradesh, for being eligible to apply, had to route his application through the Government of Himachal Pradesh. In other words, he had to obtain a 'No Objection Certificate' (NOC for short) from the State Government enabling him to apply in AIIMS for the aforesaid post of Associate Professor.

(2.) THE respondent applied to the State Government for issuance of NOC on 15th January, 2007. The Principal Secretary (Health) Government of Himachal Pradesh vide communication No. HFW (DME)H(1)A 138(PF)/04 dated 24th February, 2007 upon consideration, rejected the application of the respondent for grant of NOC. Aggrieved, respondent filed Original Application being OA No. 1815 of 2007 before the learned HP State Administrative Tribunal, which on 29th August, 2007 passed an ad interim order directing the State Government to issue NOC provisionally for enabling the respondent to compete for the aforesaid post of Associate Professor in Nephrology in AIIMS subject to the final outcome of the said Original Application. This order has been challenged by the State Government writ petitioner in this Court in this petition filed under Article 226 of the Constitution of India.

(3.) MR . Shrawan Dogra, learned Counsel appearing for the respondent has basically raised the issue of vesting of fundamental right in the respondent with respect to his consideration for the aforesaid post. Mr. Dogra submits that the respondent has a fundamental right of being considered for appointment to the post of Associate Professor in AIIMS. Additionally his argument is that for betterment of his service career and prospects, if the respondent wants to compete for the post of Associate Professor in the Department of Nephrology in AIIMS, he should be allowed to do so and the State Government should not refuse NOC for this purpose. Article 162 of the Constitution of India reads thus: