Writ petition challenging a Government Order restricting Assistant Professors from joining other institutions without a No Objection Certificate within two years. The court directed the Principal Secretary to explain the legal authority for imposing such restrictions in the absence of statute.
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Court No. - 5
Case :- WRIT - A No. - 9933 of 2024
Petitioner :- Dr Shivendra Verma Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shaurya Sharma Counsel for Respondent :- C.S.C.
Hon'ble J.J. Munir,J.
The Principal Secretary, Medical Education, Government of U.P., Lucknow will indicate by what authority of law a Government Order dated 17.06.2021 has been issued, which says that in the Institutions under the Department of the Medical Education newly appointed Assistant Professor will not be given a 'No Objection Certificate' to join another Institution until completion of two years. It is understandable that if a bond of that kind is taken at the time of appointment, which could have it own conditions. But, in the absence of any Statute, the Principal Secretary will explain the jurisdiction of the State Government to impose that kind of restriction.
Let the personal affidavit of the Principal Secretary, Medical Education, Government of U.P. be filed within a week.
Lay as fresh again on 26.07.2024.
Let this order be communicated to the Principal Secretary, Medical Education, Government of U.P., Lucknow through the Civil Judge (Senior Division), Lucknow by the Registrar (Compliance) by Monday .
Order Date :- 19.7.2024 Deepak
Digitally signed by :- DEEPAK KUMAR PANDEY High Court of Judicature at Allahabad
1 issue framed by the court
By what authority of law is a Government Order issued imposing a restriction on Assistant Professors joining another institution before completion of two years?
Dr Shivendra Verma
State Of U.P. And 3 Others
J.J. Munir
As recorded by the court registry
3 orders share this CNR
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