State of UP and ors. vs Sudarshana Chaterjee [2019 (17) SCALE 696, 2019 SCC OnLine SC 1593]

The Respondent, Lecturer (Anesthesia) from Motilal Nehru Medical College, Allahabad had sought a no-objection certificate (NOC) from the appellants in order to apply for the post of Associate Professor (Anesthesia) at Chhattisgarh Institute of Medical Sciences (CIMS), Bilaspur. After receiving an appointment letter from CIMS, she sent a leave application to the Secretary, Medical Education Department seeking sanction of leave for two years without pay for joining at CIMS. She repeatedly applied for NOC. In absence of any response, she had no option but to leave the UP Medical Services and join the services at CIMS in June, 2004.

The appellants rejected her request vide reply dated 01.04.2015 observing that she accepted the post at CIMS without obtaining approval/NOC from the competent authority and without getting her leave sanctioned. The said order was challenged before the High Court.

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