Allowed¶20

Ramesh Kumar v. Union of India & Ors.

Delhi HC22 Apr 2026W.P.(C)/3983/2023

Case brief

AI extract

What is this about?

Writ petition (certiorari) under Article 226, Constitution; Indian Coast Guard Navik (GD) seeking NOC for job outside Coast Guard; representation returned by order dated 13.03.2023; earlier direction dated 01.03.2023; provisional NOC; Technical Resignation acceptance directed; voluntary retirement opted and accepted; Indian Railways service of three years; Impugned Order set aside; provisional NOC held absolute; petition disposed; Delhi High Court; bench Anil Kshetarpal and Amit Mahajan; decided 22.04.2026; service/joining-relief matter, no costs, no quantum.

What did the court decide?

Impugned Order (dated 13.03.2023) set aside; Respondents directed to accept the Petitioner's Technical Resignation; Provisional NOC treated as absolute; petition and pending application disposed of accordingly. ¶20

Ramesh Kumar Vs Union of India & Ors. — Writ and Judicial Review | Delhi HC (2026)

What the court decided

AI extract

Outcome

¶20

Issue for consideration

Whether the Impugned Order dated 13.03.2023, returning the Petitioner's representation seeking NOC for job outside the Indian Coast Guard, should be quashed by a writ of certiorari under Article 226. +1 more

¶9

Court's answer

Without going into the merits of the case, the present petition is deemed appropriate to be allowed, particularly on account of the admitted position that the Petitioner has been serving in the Indian Railways for the last three years.

¶15

Ratio / Principle

The Impugned Order dated 13.03.2023 passed by the Respondents is set aside.

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Key takeaways

The Respondents are directed to accept the Technical Resignation of the Petitioner.ratio¶16
The Provisional NOC issued by the Respondents shall be treated as absolute.ratio¶19

Detailed headnote1 paragraphs

Delhi High Court (Anil Kshetarpal & Amit Mahajan, JJ.), Order dated 22.04.2026 in W.P.(C) 3983/2023 and CM APPL. 15504/2023 — Ramesh Kumar v. Union of India & Ors.: Petitioner, serving as Navik (GD) in the Indian Coast Guard since 2018, had in 2019 applied through a Railway Recruitment Notification without an NOC and was declared successful. On an earlier writ petition, vide Order dated 01.03.2023, the Respondents were directed to consider his request, and a provisional NOC enabled him to join the Indian Railways, where he has served for the last three years. The Respondents' order dated 13.03.2023 returning his representation seeking NOC (and declining to accept his Technical Resignation, per counsel) is set aside. Without going into the merits, on the admitted position of three years' continued Railway service, the Court allows the petition, directs the Respondents to accept the Petitioner's Technical Resignation, and clarifies that the Provisional NOC shall be treated as absolute. Petition and pending application disposed of in these terms.

¶1

$~78

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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W.P.(C) 3983/2023 and CM APPL. 15504/2023 RAMESH KUMAR .....Petitioner Through: Mr. Himanshu Gautam, Adv.

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versus

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UNION OF INDIA & ORS. .....Respondents Through: Ms. Archana Sharma, SPC with Mr. Amit Acharya, GP with Ms. Tanishka Naithani, Deputy Commandant.

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CORAM:

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HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE AMIT MAHAJAN

¶8

O R D E R % 22.04.2026

¶9

Through the present Petition filed under Article 226 of the Constitution, the Petitioner seeks issuance of a writ in the nature of certiorari for quashing the order dated 13.03.2023 [hereinafter referred to as ‘Impugned Order’] passed by the Respondents, whereby the representation made by the Petitioner seeking No Objection Certificate (‘NOC’) for job outside Indian Coast Guard came to be returned.

¶10

Shorn of unnecessary details, the facts leading to the filing of the present petition are that the Petitioner was serving as Navik (GD) in the Indian Coast since 2018. In the year 2019, pursuant to a Railway Recruitment Notification, the Petitioner applied for appointment in the Indian Railways without being granted an NOC by the competent authority. Subsequently, the Petitioner was declared successful in the said selection process, and with a view to join the

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This is a digitally signed order.

¶12

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 25/04/2026 at 13:14:48

¶13

Indian Railways, he sought issuance of an NOC as well as acceptance of his technical resignation.

¶14

However, owing to the inaction of the Respondents, the Petitioner approached this Court by way of a writ petition, wherein, vide Order dated 01.03.2023, the Respondents were directed to consider and decide the request made by the Petitioner, thereby allowing him to participate in the document verification process. Pursuant thereto, the Petitioner was granted a provisional NOC, enabling him to join service with the Indian Railways, where he has been serving for the last three years.

¶15

Learned counsel representing the Petitioner submits that the Petitioner had duly applied for Technical Resignation, which should have been accepted by the Respondents. 5. Per contra , learned counsel representing the Respondents submits that the Petitioner, subsequently, opted for voluntary retirement, which was duly accepted by the competent authority. 6. At this stage, learned counsel representing the Petitioner submits that the Petitioner was constrained to seek voluntary retirement, owing to the failure of the Respondents to accept his Technical Resignation. 7. Having regard to the aforesaid facts and circumstances, and without going into the merits of the case, we deem it appropriate to allow the present petition, particularly on account of the admitted position that at the present stage the Petitioner has been serving in the Indian Railways for the last three years. Accordingly, the Impugned Order is hereby set aside.

¶16

The Respondents are directed to accept the Technical Resignation of the Petitioner. It is also clarified that the Provisional

¶17

This is a digitally signed order.

¶18

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 25/04/2026 at 13:14:48

¶19

NOC issued by the Respondents shall be treated as absolute.

¶20

The present Petition, along with the pending application, stands disposed of in the aforesaid terms.

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ANIL KSHETARPAL, J.

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AMIT MAHAJAN, J.

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APRIL 22, 2026 jai/hr

¶24

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 25/04/2026 at 13:14:48

Ramesh Kumar v. Union of India & Ors.

Case brief

What is this about?

What did the court decide?

Ramesh Kumar v. Union of India & Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

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