Uttarakhand High Court
WPSS/1521/2025 on 18 September, 2025
Author: Manoj Kumar Tiwari
Bench: Manoj Kumar Tiwari
2025:UHC:8348
Office Notes,
reports, orders
or proceedings
SL.
Date or directions COURT'S OR JUDGE'S ORDERS
No.
and Registrar's
order with
Signatures
WPSS/1521/2025
Hon'ble Manoj Kumar Tiwari, J.
Mr. Ankurit Raj David, Advocate for
the petitioner.
2. Mr. N.S. Pundir, Deputy Advocate
General for the State of Uttarakhand /
respondent nos. 1 to 3.
3. Mr. Shivam Raturi, Advocate, holding
brief of Mr. Shailendra Nauriyal, Advocate
for respondent no. 4.
4. Petitioner participated in a selection
for entrance to M.Sc. Nursing Course.
According to him, he has been selected,
however, NOC for taking admission has
been denied to him by his employer i.e.
Director, Medical Education, Uttarakhand.
Thus, feeling aggrieved, petitioner has
approached this Court, seeking the
following reliefs:-
"1. Issue a writ, order or direction in the nature of
certiorari to quash the order dated 21/07/2025
passed by the Director Medical Education,
Dehradun whereby the permission for pursuing
M.Sc. Nursing course has been out rightly
rejected and order dated 06/09/2025 passed by
the principal Government Nursing College,
Sursingdhar, New Tehri whereby an explanation
has been called from the petitioner.
2. Issue a writ, order or direction in the nature of
mandamus to the respondent authority to
consider the application form and permit to
participate in the ongoing admission process and
further direct the respondents authorities to grant
permission to the petitioner for pursuing M.Sc.
Nurshing course for the year 2025-2026."
5. Learned State Counsel was asked to
get instructions. Today, learned State
Counsel has produced in Court letter dated
18.09.2025, received from Director,
2025:UHC:8348
Medical Education. Paragraph nos. 3 & 4 of
the said letter are extracted below:-
"3. That sending the petitioner will definitely
adversely affect the departmental work because
as four batches of 40 nursing students each
(about 160 students) are studying for B. Sc.
Nursing course. As per Indian Nursing Council
(INC) norms of 1:10 ratio, there is requirement of
16 faculty members. Out of which there are only
07 members (03 Assistant, 04 tutors) working
there. Due to the faculty deficiency, college has
not got suitability certificate from INC for
academic year 2025-26. So its very much sure
that movement of the petitioner will adversely
affect the department.
4. That as per GO number 1/47977/2022 dated
08.07.2022; education leave for M. Sc. Nursing
could be given only after 05 years completion of
Government services in the department. A copy of
the GO dated 08.07.2022 is annexed."
6. Learned State Counsel submits that
there is acute shortage of Tutors in the
Government Nursing College, Tehri, where
about 160 students are presently
undergoing training; as per norms laid
down by Indian Nursing Council, for 160
students, 16 faculty members were
needed; while, there are only 7 faculty
members presently available in the
institute. Thus, he submits that due to
shortage of faculty, request made by the
petitioner for NOC was refused. He further
submits that even otherwise also,
petitioner is not entitled to education
leave, as such leave can be granted only
upon completion of five years service
under the State, as provided in
Government Order dated 08.07.2022. He
submits that petitioner was appointed as
Tutor only on 27.12.2021 and he would be
completing five years in December, 2026.
7. A Division Bench of this Court in
WPSB No. 308 of 2024 has held that
employee cannot claim NOC as a matter of
right and it is a discretion available to the
employer to grant NOC or not. Paragraph
2025:UHC:8348
nos. 10 of the said judgment is reproduced
below:-
"10. From the above discussion, it is
apparent that NOC for seeking employment
under some other employer requires consent
of the employer. When an employee requests
for NOC and the employer accedes to the
request of the employee, then NOC is issued.
Thus, both parties must agree, before NOC
can be issued. If the employer does not
agree to the request made by employees,
NOC cannot be issued. Thus, the State
Government has exercised its right to say no,
which is available to every employer. The
impugned decision cannot be said to be
arbitrary, so as to warrant judicial
interference."
8. In view of the aforesaid facts and
circumstances, this Court do not find any
reason to interfere in the matter.
9. Since petitioner is discharging duties
as Tutor in Government Nursing College,
Tehri and he has not proceeded on leave,
therefore, this Court hopes and expects
that the show cause notice issued against
the petitioner on 06.09.2025, for
participating in the entrance test, shall not
be taken any further and the matter shall
be dropped there only.
10. Accordingly, the writ petition is
disposed of.
(Manoj Kumar Tiwari, J.)
18.09.2025
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Date: 2025.09.18 19:47:02 +05'30'
