Civil Procedure Code (CPC)

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faraz   18 August 2015

No-objection certificate requirement to pursue a degree

Hello Sirs,

I am in a Government job. I have taken admission in LLB course in DU.

For this I took the entrance exam. I gave an intimation to the department regarding the exam on 10th April 2015. Exam was on 7th June 2015, results announced on 29th June. I requested NOC on 30th June. The management said to enrol in the exam, pay the fees and start going to classes, there won't be problem in NOC. After all the formalities of admission were over and I had started attending the classes, they said NOC won't be provided, they replied on 10th August. 

I asked them the reason but they are not giving any.

There is no clash of timings (evening classes in LC 2), my sub-division in the department has no problem, they are not paying any fee, yet they have refused without giving any reason. Even CCS Rules, 1964 ( says of a general permission for university degree subject to the condition that it won't be a hindrance in job.

Do I have any recourse? Should I appeal in the court?


 1 Replies

faraz   18 August 2015

I wish to inquire whether a Competent Authority may refuse to issue NOC without furnishing any reason even when repeatedly requested. Are they not required to provide any reason even when asked repeatedly? I ask this as they may do so next year too and thus why should I wait to re-enrol in next year after going through the whole procedure again when I have already started. Why did they not tell me on 10th April itself that don't write the exam, we won't allow you pursuing LLB this year? Can I go to the court as it is a valid reason; they should have intimated me in time. Also, can a court direct them to give me either a reason or NOC (in case they don't have any reason)?

Please answer. Thank you.

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