Don’t hinder right to better education by insisting on NOC: HC to varsities

Tribune News Service

Chandigarh, April 17

Universities should not create unnecessary hindrance in the right of a citizen to improve his education by insisting on no-objection certificates from employers, the High Court has ruled.

Justice Arun Monga of the High Court has also made it clear that every citizen has a right to educate himself for better accomplishments, provided he is otherwise competent and meritorious to do so.

The assertion by Justice Monga came on a petition filed by Neha Miglani and another petitioner against the National Institute of Technology, Kurukshetra, and another respondent. The petitioner’s grievance was that similarly situated faculty members were allowed to do PhD, but she was denied permission.

Taking up the matter, Justice Monga asserted the court was of the view that the stand taken by respondent-NIT flew in the face of Rule 11 of the Model Recruitment Rules for Faculty of NITs. Its perusal showed it was self incumbent on the institute to strive to provide necessary facilities to the contract faculty to complete PhD either within the institute or outside. “That being the position, it is rather intriguing that the petitioner is not being granted the requisite NOC.”

Justice Monga quashed the impugned order dated October 12, 2020, before directing the respondent-NIT to issue NOC in the petitioner’s favour. Before parting with the order, Justice Monga observed Kurukshetra University, vide letter/notification dated February 25, relaxed on its own the condition of seeking NOC for the prospective candidates. In the premises, the court did not see any reason why similar benefit should not be accorded to the petitioner.

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