Vijender v. Union of India & Ors.

Delhi HC18 Nov 2025W.P.(C)/17314/2025

Case brief

AI extract

What is this about?

Technical resignation and NOC; Indian Coast Guard Navik (GD) joining BSF as Sub-Inspector; ICG Headquarters fresh guidelines dated 4 July 2024, Clause 2(b); reliance on Sanapala Janardhana Rao v Union of India & Ors., 2023 SCC OnLine Del 4837 (DB Delhi HC); Corporal Sandeep Kumar Shukla, 193 (2012) DLT 144 referred; writ petition disposed 18.11.2025; High Court of Delhi; C. Hari Shankar and Om Prakash Shukla, Judges.

What did the court decide?

Petitioner permitted to technically resign from the services of the ICG so as to enable him to join as SI in the BSF; consequentially, if necessary, the ICG to issue the requisite NOC in that regard. ¶¶57

Vijender Vs Union of India & Ors. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petitioner permitted to technically resign from the services of the ICG so as to enable him to join as SI in the BSF; consequentially, if necessary, the ICG to issue the requisite NOC in that regard.

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Issue for consideration

Whether the petitioner, in fact, required prior approval or a NOC before joining as SI in the BSF, in response to the recruitment notification dated 4 March 2024. +1 more

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Court's answer

Although the policy existing at the time of the petitioner's application required him to have four years of service in the ICG, during the pendency of his application the ICG Headquarters issued fresh guidelines on 4 July 2024, stipulating in Clause 2(b) the eligibility conditions for grant of NOC to an Officer of the ICG for joining an outside post.

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Ratio / Principle

The first issue — whether prior approval or a NOC was required before joining as SI in the BSF — stands covered in favour of the petitioner by the Division Bench judgment in Sanapala Janardhana Rao v Union of India & Ors.; accordingly, no prior approval/NOC was required.

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Key takeaways

The petitioner stands confirmed as Navik (GD), consequent to completion of his probation period on 22 August 2024, and was therefore also eligible for grant of NOC so that he could join the BSF.ratio¶¶49
General observation: it is the right of every officer to seek improvement in his service prospects, and ordinarily the Government, as a model employer, should promote such aspirations and efforts.obiter¶¶50
No legally sustainable hurdle exists in the petitioner being permitted to technically resign from the services of the ICG so as to enable him to join as SI in the BSF.

Detailed headnote1 paragraphs

Delhi High Court (W.P.(C) 17314/2025 & CM APPL. 71267/2025; oral judgment of 18.11.2025; Hon'ble C. Hari Shankar and Om Prakash Shukla, JJ.), disposing with the parties' consent a writ petition by Vijender, a Navik (GD) of the Indian Coast Guard confirmed on 22 August 2024, who had been appointed Sub-Inspector in the BSF by appointment order of 24 October 2025 and sought technical resignation and a NOC to join the BSF. The Bench held: (i) the question whether prior approval or a NOC was required before joining the BSF as SI stands covered in the petitioner's favour by the Division Bench judgment in Sanapala Janardhana Rao v Union of India & Ors., 2023 SCC OnLine Del 4837; and (ii) although the policy at the time of application required four years of ICG service, fresh ICG Headquarters guidelines of 4 July 2024 (Clause 2(b)) governed eligibility, and the petitioner, being confirmed as Navik (GD) on completion of probation on 22 August 2024, satisfied them. Finding no legally sustainable hurdle, the Court directed that the petitioner be permitted to technically resign from the ICG and that, if necessary, the ICG issue the requisite NOC.

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$~81

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* I� THE HIGH COURT OF DELHI AT �EW DELHI

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- W.P.(C) 17314/2025 & CM APPL. 71267/2025

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VIJENDER .....Petitioner

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Through: Mr. Himanshu Gautam and Ms. Niharika Punn, Advs.

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versus

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UNION OF INDIA & ORS. .....Respondents

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Through: Mr. Sandeep Tyagi, SPC with Ms. Neha Mishra, GP for R1-4 Mr. Ruchir Mishra, Mr. Mukesh Kumar Tiwari, Ms. Reba Jena Mishra, Ms. Poonam Shukla, Advs.

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CORAM:

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HO�'BLE MR. JUSTICE C. HARI SHA�KAR HO�'BLE MR. JUSTICE OM PRAKASH SHUKLA

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JUDGME�T(ORAL) % 18.11.2025

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C. HARI SHA�KAR, J

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1. Having heard learned Counsel for both the parties, we are disposing of this writ petition with their consent.

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2. The petitioner joined the Indian Coast Guard¹ as a Navik (GD) on 20 August 2022.

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3. On 4 March 2022, the Staff Selection Commission issued a notification inviting applications for recruitment for the post of Sub-

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1 “ICG” hereinafter

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W.P.(C) 17314/2025

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Page 1 of 5

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Signature Not Verified

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Signed By:GUNN Signing Date:20.11.2025 10:41:16

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Inspector² in the Central Armed Police Forces³ .

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4. On 17 March 2024, the petitioner sought permission to apply for the post of SI in the Border Security Force⁴ . There is no written response to the said letter till date.

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5. On 22 August 2024, the petitioner was confirmed as Navik (GD) in the ICG, on completion of his period of two years’ probation.

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6. On 24 October 2025, the BSF issued an appointment order to the petitioner appointing him as SI. The petitioner received the said order on 3 November 2025.

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7. Prior thereto, on 2 November 2025, the petitioner re-approached the ICG to allow him to resign from service so that he could join as SI in the BSF.

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8. As the respondent did not grant him a No-objection Certificate⁵ for joining the BSF, the petitioner has instituted the present writ petition for direction to the respondents to grant him technical resignation and a NOC so as to enable him to join the BSF.

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9. This matter had come up before us yesterday and we noted that two issues arose for consideration. The first was whether the

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2 “SI” hereinafter

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3 “CAPFs” hereinafter

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4 “BSF” hereinafter

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5 “NOC” hereinafter

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W.P.(C) 17314/2025

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Page 2 of 5

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Signature Not Verified

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Signed By:GUNN Signing Date:20.11.2025 10:41:16

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petitioner, in fact, required prior approval or NOC before joining as SI in the BSF, in response to the recruitment notification dated 4 March 2024. The second was whether the petitioner was required to have, to his credit, four years of service in the ICG before he was permitted to leave and join the BSF.

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10. The first issue stands covered in favour of the petitioner by judgment of a Division Bench of this Court in Sanapala Janardhana Rao v Union of India & Ors.⁶ , from which para 11 reads thus:

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“11. We may notice that as on date petitioner has already put in five years of service. With regards to the seeking of prior approval, case of the petitioner is covered by the decision of the Co-ordinate Bench in Corporal Sandeep Kumar Shukla⁷ (supra). Securing an outside job would be certainly beneficial for his career progression and his service tenure would also be extended.”

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11. Insofar as the second requirement is considered, though the policy that existed at the time of the petitioner applying for recruitment required him to have four years of service in the ICG, during the pendency of his application, the ICG Headquarters has issued fresh guidelines on 4 July 2024, in which the eligibility conditions for grant of NOC to an Officer of the ICG for joining an outside post are stipulated in Clause 2(b), which reads thus:

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“2. Accordingly, with immediate effect the following guidelines are to be adopted for consideration of application for grant of NOC for job outside ICG or civilian posts within ICG:-

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6 2023 SCC OnLine Del 4837

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7 Cor p oral Sandee p Kumar Shukla v Union of India , 193 ( 2012 ) DLT 144

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W.P.(C) 17314/2025

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Page 3 of 5

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Signature Not Verified

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Signed By:GUNN Signing Date:20.11.2025 10:41:16

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(b) EP is not due for confirmation in the initial rank i.e. Navik/ Yantrik or in the Subordinate Officer rank i.e. Pradhan Yantrik/Adhikari view change in Group from C to Group B.”

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12. In the case of the petitioner, he already stands confirmed as Navik (GD), consequent to the completion of his probation period on 22 August 2024. As such, the petitioner was also eligible for grant of NOC so that he could join the BSF.

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13. It is the right of every officer to seek improvement in his service prospects. Ordinarily, the Government, as a model employer should promote such aspirations and efforts.

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14. We, therefore, are of the opinion that no legally sustainable hurdle exists in the petitioner being permitted to technically resign from the services of the ICG so as to enable him to join as SI in the BSF.

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15. Accordingly, we direct that the petitioner be permitted to technically resign from the services of ICG so as to enable him to join as SI in the BSF. Consequent thereto, if necessary, the ICG would also issue the requisite NOC in that regard.

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W.P.(C) 17314/2025

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Page 4 of 5

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Signature Not Verified

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Signed By:GUNN Signing Date:20.11.2025 10:41:16

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16. The writ petition is disposed of in the aforesaid terms.

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C. HARI SHA�KAR, J.