Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.16667 of 2025 Dr. Partha Singh ..... Petitioner Represented By Adv. - Avijit Mishra -versus- State Of Odisha & Ors. ..... Opposite Parties Represented By Adv. – C.M. Singh, A.S.C. CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 19.06.2025 Order No. 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard. 3. The Petitioner who is continuing as a Medical Officer under OMHS Cadre has filed this Writ Petition seeking a direction from this Court to Opposite Party No.1 to issue “No Objection Certificate” to his for pursuing the Fellowship Programme in Vitreo Retina at Dr. Shroff’s Charitable Eye Hospital, New Delhi, pursuant to his selection for the same vide Annexure-2. 4. The Petitioner has made a request through email to the Opposite Party No.1 for grant of NOC as required by the advertisement. However, the Opposite Party no.1 has not taken Page 2 of 3. any step to issue such NOC, which amounts to debarring the Petitioner to pursue the Fellowship Programme. The Petitioner, therefore, has approached this Court by way of the present Writ Petition challenging such arbitrary action. 5. Learned Additional Government Advocate for the State submits that there is shortage of doctors in the State. Taking into consideration the said position, the authority is conservative in issuing such NOC immediately. It is also fairly submitted that an employee should not be debarred to appear in the interview for his better service opportunities. 6. The general principle is that in the absence of a legal, contractual or constitutional bar, there is no restriction on the part of the employee to seek better service opportunities with prior intimation to the employer or to leave the job or to resign, on the contrary, it may be tantamount to the practice of bonded labourer. 7. In absence of specific bar in law with regard to NOC to the petitioner for joining in the Fellowship Programme at Dr. Shroff’s Charitable Eye Hospital, New Delhi, the Opposite Party No.1 is directed to consider the case of the petitioner, if the rule provides, then necessary steps be taken to grant NOC to the Petitioner for joining in the Fellowship Programme, which is likely to commence from 1st July, 2025 & taking into account order dt.22.02.2024 passed in W.P.(C) No.3832 of 2024 in the case of Dr. Debasmita Singh vs. State of Odisha and Anr. The aforesaid exercise be carried out within a period of 7 days. 8. With the aforesaid direction, this Writ Petition stands Page 3 of 3. disposed of. 9. Urgent certified copy of this order be granted on proper application. ( A.K. Mohapatra ) Judge Anil Designation: Junior Stenographer