$~61 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010417292026 + W.P.(C) 12883/2026 SGT ROHIT RANJAN .....Petitioner Through: Mr. Ajit Kakkar, Mr Tejas Bhonge, Ms Shalini (Advocates) versus UNION OF INDIA & ORS. .....Respondents Through: Mr. Akhand Pratap Singh, SPC along with Sgt CP Chandan for Respondents No. 1 to 4 CORAM: HON'BLE MR. JUSTICE NITIN WASUDEO SAMBRE HON'BLE MR. JUSTICE AMIT SHARMA O R D E R % 07.09.2026 CM APPL. 59756/2026 (Exemption) 1. Exemption allowed, subject to all just exceptions. 2. The application stands disposed of. W.P.(C) 12883/2026 3. The prayer in the petition reads thus: “a. Issue a writ of Certiorari or any other appropriate writ, order or direction, quashing the impugned communications dated 08.02.2024 16.10.2024, and 23.07.2026 whereby the Respondents rejected/returned the Petitioner’s applications seeking permission, issuance of No Objection Certificate and discharge from the Indian Air Force for joining civil employment; b. Issue a writ of Certiorari or any other appropriate writ, order or direction, quashing the stipulation contained in the applicable Air Force Human Resource Policy, to the extent it imposes an absolute prohibition upon consideration of the Petitioner’s request for NOC and discharge before the last year of his regular engagement, without providing for relaxation or individual consideration in exceptional medical 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 09/09/2026 at 11:59:32 circumstances; c. Issue a writ of Mandamus or any other appropriate writ, order or direction, directing the Respondents to forthwith issue the requisite No Objection Certificate in favour of the Petitioner and process his premature discharge/release from the Indian Air Force, so as to enable him to join the post of Supply Inspector under the Government of Bihar, to which he has been selected through the Bihar Public Service Commission; d. Issue a writ of Mandamus or any other appropriate writ, order or direction, directing the Respondents not to reject the Petitioner’s request mentioned in his applications dated 03.02.2024, 26.09.2024, and 04.07.2026 on the ground that he does not possess Skill Grade “A”, the said eligibility condition having already been judicially invalidated; e. In the alternative, issue a writ of Mandamus directing the Respondents to reconsider the Petitioner’s case for grant of NOC and premature discharge by taking into consideration his permanent low medical category A4G4(P), restricted operational employability, length of service, favourable recommendation of his superior authority and selection through the Bihar Public Service Commission, within a time-bound period; f. Issue a writ of Mandamus or any other appropriate writ, order or direction directing the Respondent No.5 Bihar Public Service Commission, not to cancel or otherwise prejudice the Petitioner’s selection for the post of Supply Inspector solely for non-submission of the NOC/discharge certificate, and to keep the Petitioner’s candidature protected till the requisite NOC and discharge certificate are furnished; g. Pending final disposal of the present Writ Petition, direct the Respondents to provisionally issue the requisite NOC and process the Petitioner's release, or alternatively direct the concerned State Authorities to keep one post of Supply Inspector vacant and not cancel the Petitioner's candidature/selection on account of non-submission of NOC or discharge certificate;” 4. The facts necessary for deciding the petition are as under: a) The respondent Nos. 1 to 4 are the authorities with whom the petitioner is working in the capacity of an Airman, a Class III post, for the last 16 years. b) It is the case of the petitioner that, under the constitutional rights guaranteed under Article 21 of the Constitution of India, the petitioner has a right to improvise his career, and accordingly, applied with respondent No. 5/Bihar Public Service Commission and got selected 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 09/09/2026 at 11:59:32 on 20th June, 2026 against a Group B/II category post. c) It is urged by the petitioner that, in such an eventuality, is required to obtain an NOC from the respondents and be discharged from the services of the respondents so as to join the civil services in lieu of his employment with respondent Nos. 1 to 4. 5. The counsel for the petitioner submits that the petitioner has put in 16 years of service with the respondents in the capacity of a Class III employee. 6. As per the policy of the respondents, out of the total service of 20 years, once a candidate like the petitioner completes 19 years of service, he is automatically entitled for not only registration with the employment exchange but also an NOC and discharge certificate. 7. The counsel would urge that the petitioner is seeking advancement of such period by 3 years, as he is yet to complete 19 years of service and is short by 3 years. 8. The counsel would urge that the denial of such opportunity and benefit by the respondents amounts to violation of fundamental rights guaranteed under Article 21 of the Constitution of India, which provides for career advancement. 9. As against the above, the counsel for the respondent’s states that there is no provision under the Air Headquarters Human Resource Policy, particularly in the service conditions governing the petitioner’s services, for grant of such NOC before the date of maturity. 10. It is urged that, once having admitted that the petitioner still has four years of service left with the respondents in view of bond executed by him and the commission granted to him, he cannot, as a matter of right, claim issuance of an NOC for entering into public employment with the 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 09/09/2026 at 11:59:32 respondent No. 5. 11. It is urged that, even otherwise, there exists an alternate remedy of approaching before the Armed Forces Tribunal. 12. The counsel for the petitioner, in response to above, submits that the petitioner is not willing to take recourse to an alternate remedy, in view of having sought relief against respondent No. 5, and having argued the matter on merits. 13. Having considered the rival claims and examined the submissions in the light of prayer made in the petition, we are unable to agree with the contentions raised by the petitioner that he is entitled to an NOC contrary to the very scheme/service conditions laid down by the respondents. 14. The Courts, particularly the constitutional Courts, are not required to pass the orders contrary to the service conditions/rules. 15. Once both the parties are in agreement that an NOC can be granted only after completion of 19 years of service, as per the service conditions/rules, there is no reason for this Court to overlook the said provision and direct the respondents to grant NOC to the petitioner. 16. In such an eventuality, no case for causing interference in extraordinary jurisdiction is made out. 17. The petition sans merit stands dismissed. NITIN WASUDEO SAMBRE, J AMIT SHARMA, J SEPTEMBER 7, 2026/DM/ok 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 09/09/2026 at 11:59:32