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| Employer has right to withhold NOC in public interest to maintain health care system: CAT | | |
Early Times Report
JAMMU, Feb 22: A bench of Central Administrative Tribunal (CAT) comprising Chairman Justice L. Narasimha Reddy and administrative member Mohammad Jamshed held that the employer has right to withhold NOC in the public interest to maintain health care system.
The CAT bench observed that issue is about the entitlement of applicants to be issued the 'NOC', to enable them to apply for the post of Registrar. The qualifications for the post of Registrar are stipulated under the Medical Education (Gazetted) Service Recruitment Rules, 1979.
The bench observed that according to the applicants, the condition extracted above amounts to modification of the Jammu & Kashmir Medical Education (Gazetted) Service Recruitment Rules, 1979. A subtle distinction needs to be maintained in this behalf.
The CAT observed that if a person, employed in a department intends to apply for another post or intends to improve his qualifications, the department would certainly have a right to keep in view, its requirement and interests, before according such permission. A decent balance needs to be struck, between the need of the department on the one hand and the right of the candidate on the other. The second aspect is about the number of candidates to be accorded permission. |
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