VEERESH HIREMATH 19 October 2022
Combo Legal Consultancy 23 August 2026
If your issue is that a Government department has stopped/cancelled NOCs for employees applying to posts carrying the same grade/pay scale, while allowing NOCs only for higher posts, the legality depends on the applicable service rules, Government circular and recruitment conditions.
An employee does not necessarily have an absolute right to obtain an NOC merely because another vacancy has the same pay scale. Courts have recognised that same pay scale does not automatically make two posts equivalent; duties, cadre, recruitment rules and status may differ.
However, if cancellation of the NOC policy is arbitrary, discriminatory, unsupported by service rules, or irrationally restricts employees' opportunity to compete for public employment, it may be challenged under Articles 14 and 16 of the Constitution.
The argument that cancellation would enable approximately 1,000 unemployed candidates to obtain employment may constitute a policy consideration, but by itself does not extinguish existing employees' legal rights.
The exact NOC cancellation order/circular must therefore be examined before advising whether a writ petition can succeed.