$~42 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010367052026 + W.P.(C) 11381/2026 RAHUL GIRI .....Petitioner Through: Mr. Abhay Kumar Bhargava, Mr. Ajinkya Dhalwade and Mr. Nikhel Kumar, Advocates. versus UNION OF INDIA & ORS. .....Respondents Through: Ms. Rupali Bandhopadhya, CGSC with Mr. Amit Peshwani, Mr. Abhijeet Kumar, Ms. Amisha Gupta and Mr. Rajat Mohan Dwivedi, GP. CORAM: HON'BLE MR. JUSTICE NITIN WASUDEO SAMBRE HON'BLE MR. JUSTICE AMIT SHARMA O R D E R % 01.09.2026 CM APPL. 58886/2026 (Early hearing) 1. The present application has been filed by the petitioner under Section 151 of CPC seeking early hearing. 2. For the reasons stated in the application, the application is allowed and disposed of. 3. With the consent of the parties, the matter is taken up for hearing. W.P.(C) 11381/2026 4. The present petition under Article 226 of the Constitution of India, 1950, seeks the following prayers: - This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/09/2026 at 12:34:42 “(i) Issue an appropriate writ, order or direction, more particularly a writ in the nature of Certiorari, quashing and setting aside the Inter-Office Note dated 29.11.2024 ISSUED BY THE DIG, CIJWS, the Inter-Office Note dated 28.03.2026, the communication/Inter-Office Note dated 21.06.2026, and the Inter-Office Note dated 06.07.2026 ISSUED BY THE COMMANDANT 44 BN ITBP, (ii) Issue an appropriate writ, order or direction, more particularly a writ in the nature of Mandamus, directing the Respondents to treat the Petitioner's representation dated 07. 1 1 .2024, submitted through the proper channel, as a valid request for grant of a No Objection Certificate under the applicable rules, executive instructions and departmental policy, and to issue the requisite No Objection Certificate (NOC) / Permission in favour of the Petitioner enabling him to join the post of Allopathic Pharmacist under the Government of UKMSSB, and further permit him to tender Technical Resignation and released the with all consequential service benefits; (iii) Issue an appropriate writ, order or direction, more particularly a writ in the nature of Mandamus, directing the Respondents DO ITBP to permit the Petitioner to tender Technical Resignation from the post of Assistant Sub- Inspector (Pharmacist), Indo-Tibetan Border Police Force, and to relieve him from service with continuity of service in the light of the judgement dated 06.03.2024 in writ petition NO. 5061/2023, titled as TELASULA ANIL KUMAR VS. UNION OF INDIA & ORS., passed by this Hon'ble Court of Delhi; (iv) Pass any other order in the interest of Justice.” 5. We have heard the respective counsels. 6. The challenge in the petition is to the communication/inter-office note dated 29th November, 2024, 28th March, 2026 and 21st June, 2026 whereby, This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/09/2026 at 12:34:42 the request made by the petitioner for issuance of NOC for participating in the Government Medical College Exam-2024 and Pharmacist State Insurance Scheme Labour Department Exam-2024, came to be rejected. 7. Amongst other, the ground cited by the respondents was that the petitioner sought NOC for getting selected on the post which is lower in rank than the post which, at present, he is occupying. It is a matter of fact that the petitioner is at present occupying the post of Assistant Sub-Inspector (Pharmacist) with the respondent(s)/department. 8. The aforesaid communications are based on the administrative instructions dated 3rd June, 2015, which reads thus: - This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/09/2026 at 12:34:42 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/09/2026 at 12:34:42 9. The plain reading of the aforesaid administrative instructions dated 3rd June, 2015, nowhere reflects that, in case, the employee of the respondents, like the present petitioner, seeks NOC for appearing in any employment related examination, the same cannot be issued, in case, such exam/posts for which the candidate intended to appear and the exam to be conducted is for a post lower in rank than, which such candidate is occupying with the respondent(s)/department. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/09/2026 at 12:34:42 10. Reliance placed by the respondents on the aforesaid administrative instructions dated 3rd June, 2015, is misplaced. Even otherwise, it is for a candidate, like a petitioner, to opt for a lower category post than the post he is occupying, provided, he feels that he has stability, and can stay with his family. 11. In the aforesaid background, the impugned orders/communication/inter-office note issued by the respondents in the form of interdepartmental communications are without any legal basis, and as such, same are quashed and set aside. 12. We direct the respondents to forthwith issue NOC to the petitioner so as to enable him to join on the selected post. Let the NOC be issued to the petitioner in any case, within a period of five working days from today. 13 The petition stands allowed in above terms. 14. Pending application(s), if any, also stands disposed of. 15. The date already fixed, i.e., 9th September, 2026 stands cancelled. 16. Order be uploaded on the website of this Court, forthwith. NITIN WASUDEO SAMBRE, J AMIT SHARMA, J SEPTEMBER 01, 2026/bsr/ns This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/09/2026 at 12:34:42