2025:CGHC:52889 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 12234 of 2025 1 - Dr. Hemant Sharma S/o Shri Ramesh Chandra Sharma Aged About 38 Years Presently Posted As Assistant Professor, (Sanskrit Sahitya), Government Dudhadahri Shree Vaishnav P.G. College, Raipur (C.G.) And R/o C/o Dr. Raghvendra Sharma, Kanchanganga Phase-II, Rohinipuram, Raipur (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary Higher Education Department, Mahanadi Bhawan, Mantralaya, Raipur (C.G.) 2 - The Commissioner Directorate Of Higher Education, Indrawati Bhawan, Naya Raipur (C.G.) 3 - The Principle Government Dudhadahri Shree Vaishnav P.G. College Raipur (C.G.) 4 - State Of Madhya Pradesh Through Secretary, Department Of Higher Education, Mantralaya, Bhopal (M.P.) ... Respondent (s) For Petitioner : Mr. Bharat Lal Dembra, Advocate. For State : Mr. S.P. Kale, Additional Advocate General. Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 30 /10/2025 1. This petition has been filed by the petitioner for issuance of direction to the respondent authorities to issue No Objection Certificate (NOC) in favour of the petitioner for appointment on the post of Assistant Professor (Sanskrit Sahitya Prachya). 2. The brief facts as reflected from records are that the petitioner who is presently working as Assistant Professor (Sanskrit Sahitya) and posted at Government Dudhadhari Shree Vaishnav P.G. College, Raipur (C.G.) applied for the post of Assistant Professor (Sanskrit) & Assistant ARUN KUMAR DEWANGAN Digitally signed by ARUN KUMAR DEWANGAN Date: 2025.10.31 17:46:29 +0530 Professor (Sanskrit Sahitya) advertised by Madhya Pradesh Public Service Commission on 30.12.2022. The petitioner submitted an application on 15.06.2023 for issuance of NOC requesting to participate in the aforesaid selection process for the said posts along with advertisement wherein it has been mentioned that he has applied for the post of Assistant Professor (Sanskrit) & Assistant Professor (Sanskrit Sahitya) but he has not mentioned about Assistant Professor (Sanskrit Sahitya Prachya). The petitioner along with application has annexed copy of advertisement as well as copy of application submitted by him online. The respondent issued NOC for appointment on the post of Assistant Professor (Sanskrit) on 24.02.2025 but no NOC was issued for the post of Assistant Professor (Sanskrit Sahitya Prachya), which has necessitated the petitioner to prefer this petition for issuance of direction to the respondent authorities to issue NOC in favour of the petitioner for appointment on the post of Assistant Professor (Sanskrit Sahitya Prachya) 3. Learned counsel for the petitioner would submit that the petitioner has cleared the examination and got selected on the post of Assistant Professor (Sanskrit Sahitya Prachya) and due to non-submission of NOC, the Madhya Pradesh Public Service Commission is not allowing him to join the duty and last opportunity has been granted to the him to submit the NOC and would pray for issuance of direction to the respondent authorities to issue NOC in favour of the petitioner. 4. On the other hand, State counsel Mr. S.P. Kale, Additional Advocate General along with Dr. G.N. Singh, Assistant Professor (Law), Legal Cell, Higher Education, Bilaspur would submit that the petitioner has never applied for NOC for the post of Assistant Professor (Sanskrit Sahitya Prachya) and for the first time after selection, he has submitted an application to issue NOC for the post of Assistant Professor (Sanskrit Sahitya Prachya). To substantiate his submission, he would refer to the application dated 15.06.2023 submitted by the petitioner wherein only Assistant Professor (Sanskrit) & (Sanskrit Sahitya) have been mentioned and in the subsequent application also he has not mentioned about Assistant Professor (Sanskrit Sahitya Prachya) but after getting selection, the petitioner has started requesting for issuance of NOC for the post of Assistant Professor (Sanskrit Sahitya Prachya), therefore, NOC cannot be granted to the petitioner. He would further submit that in the advertisement it has been clearly mentioned that before submission of application form, the candidate should apply for NOC from employer for participating in the selection process but the petitioner has not applied for NOC prior to submission of application form and the petitioner has concealed the facts, therefore, the NOC cannot be issued in his favour as the same is also in violation of the condition of advertisement as well as against the prevailing practice and would pray for dismissal of the writ petition. 5. I have heard learned counsel for the parties and perused the documents placed on record with utmost satisfaction. 6. It is not in dispute that the petitioner has not specifically mentioned in the application dated 15.06.2023 for issuance of NOC for the post of Assistant Professor (Sanskrit Sahitya Prachya) for the reasons best known to him but the petitioner for the first time on 28.04.2025 has requested for issuance of NOC in his favour for the post of Assistant Professor (Sanskrit Sahitya Prachya) after got selected on the aforesaid post. As such the petitioner has concealed the material information from the employer that he has also participated in the selection process of Assistant Professor (Sanskrit Sahitya Prachya) and violated the condition of the advertisement. 7. Be that as it may be, looking to the facts and circumstances of the case as well as future prospect of the petitioner, the respondents are directed to issue NOC in favour of the petitioner for the post of Assistant Professor (Sanskrit Sahitya Prachya) within a week from the date of receipt of copy of this order. It is made clear that this order may not be treated as precedent for any other cases as in view of specific circumstances that the petitioner is resident of Madhya Pradesh and he intends to get employment in the State of Madhya Pradesh only. 8. Accordingly, the instant writ petition stands disposed of. Sd/- (Narendra Kumar Vyas) Judge Arun