Case Note & Summary
The petitioners, nine primary teachers employed by Zilla Parishad, Yavatmal since 1988, sought a writ of mandamus directing the respondents to consider their claims for appointment in Zilla Parishad, Buldana without insisting on a No Objection Certificate under Rule 9 of the Maharashtra Zilla Parishads District Services (Recruitment) Rules, 1967. The Zilla Parishad, Buldana had advertised 163 posts of primary teachers reserved for the Vanjari community to remove backlog. The petitioners, belonging to the Vanjari community, applied but were not considered because they did not produce a No Objection Certificate from their previous employer, Zilla Parishad, Yavatmal. The respondents argued that Rule 9 is mandatory and without such certificate, the petitioners cannot be appointed. The court examined the rule and found that it is directory in nature, as its purpose is to ensure that the previous employer does not object to the transfer, but it cannot be used to deny appointment to otherwise eligible candidates. The court noted that the petitioners are already employed and their transfer would not cause any prejudice. The court directed the respondents to consider the petitioners' claims for appointment without insisting on a No Objection Certificate, provided they are otherwise eligible. The writ petition was allowed.
Headnote
A) Service Law - Recruitment Rules - Rule 9 of Maharashtra Zilla Parishads District Services (Recruitment) Rules, 1967 - No Objection Certificate - The court considered whether Rule 9 requiring a No Objection Certificate from the previous employer is mandatory or directory. Held that the rule is directory and cannot be used to deny appointment to eligible candidates who are already employed in another Zilla Parishad, as the purpose of the rule is to ensure availability of candidates and not to create a barrier. (Paras 1-5) B) Service Law - Transfer - Inter-District Transfer of Primary Teachers - The petitioners, employed as primary teachers in Zilla Parishad, Yavatmal, sought appointment in Zilla Parishad, Buldana without insisting on a No Objection Certificate. The court held that the respondents must consider the petitioners' claims for appointment if they are otherwise eligible, without requiring a No Objection Certificate, as the rule is directory. (Paras 1-5)
Issue of Consideration
Whether Rule 9 of the Maharashtra Zilla Parishads District Services (Recruitment) Rules, 1967, requiring a No Objection Certificate from the previous employer, is mandatory or directory, and whether the respondents can insist on such certificate to deny appointment to the petitioners who are already employed in another Zilla Parishad.
Final Decision
The court allowed the writ petition and directed the respondents to consider the petitioners' claims for appointment in Zilla Parishad, Buldana without insisting on a No Objection Certificate under Rule 9, provided they are otherwise eligible.
Law Points
- Rule 9 of Maharashtra Zilla Parishads District Services (Recruitment) Rules
- 1967 is directory
- not mandatory
- No Objection Certificate cannot be insisted upon to deny appointment to eligible candidates
- Transfer of employees between Zilla Parishads is permissible without NOC if candidate is otherwise eligible.
