Employer has proper to withhold NOC to keep up well being care system: CAT

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Excelsior correspondent

JAMMU, February 22: A central administrative court bank consisting of presiding judge L Narasimha Reddy and administrative member Mohd Jamshed has ruled that the employer has the right to withhold the no-objection certificate (NOC) in the public interest and that Maintain health system.
The CAT bank noted this while declining a number of petitions against the notices, provided they insisted that requests be forwarded only with the approval of the Administration Department.
After hearing a number of lawyers on behalf of the petitioners, while the additional Advocate General Amit Gupta with the deputy AGs Sudesh Magotra and Rajesh Thappa stated, the CAT stated: “This series of OAs is about the right of the applicants to the” NOC ” Allow them to apply for the position of Registrar. “Qualifications for the position of registrar are set out in the Gazetted Rules for the Recruitment of Services for Medical Education, 1979.”
“According to the applicants, the condition amounts to changing the 1979 Jammu & Kashmir (Gazetted) medical training recruitment rules,” the CAT said, adding, “There is a subtle distinction to be maintained in this regard Established admission criteria for a candidate to be considered for approval. The contested circular of January 20, 2020 and similar orders contain the guidelines for the processing of applications from applicants. They do not say anything about the suitability of the candidates for application it is only to provide guidelines for the forwarding of applications. “
“If a person employed in one department intends to apply for another position or improve their skills, the department would certainly have the right to keep their needs and interests in mind before granting such permission” the CAT said, adding, “A decent balance must be struck between the needs of the department on the one hand and the applicant’s rights on the other.”
“The guidelines set by respondents through the circular dated 02/01/2020 etc. cannot be considered unconstitutional or an amendment to the RRs,” said the CAT, adding, “it is true that the High Court one Circular dated December 20, 2007, see his judgment of October 31, 2008, when it was proposed to increase the experience from one year to two years. “
“It was a clear case of changes to RRs and this could only have been done by changing the RRs and not by an executive order. In the present case, no attempt is made to redefine the approval criteria prescribed in the RRs. As mentioned earlier, the provisions were only intended to properly guide and objectively process applications, ”the bank said while rejecting the petitions.

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