Respondents Must Expeditiously Decide Pending Applications for NOC to Pursue Higher Medical Studies Before Examination Deadlines

The applicant, a Medical Officer (GDMO) serving in the School Health Scheme under the Directorate General of Health Services (DGHS), GNCTD, sought to appear for the Institute of National Importance Combined Entrance Test (INICET), 2026, scheduled for May 16, 2026.

The applicant, who has a 65% benchmark disability, applied for a "No Objection Certificate" (NOC) and study leave on April 2/6, 2026.

Despite guidelines requiring a decision within seven days, the respondents failed to process the request.

Consequently, the applicant approached the Tribunal seeking a direction to the respondents to process the NOC application before the exam date.

1. Whether the respondents are obligated to decide the applicant's request for an NOC within the prescribed timeline set by their own guidelines.

2. Whether the Tribunal should direct the competent authority to pass a reasoned order on the pending application before the commencement of the competitive examination.

The court applied Section 19 of the Administrative Tribunals Act, 1985, which empowers the Tribunal to redress grievances related to service matters.

It relied on the internal "Guidelines for issue of NOC/permission to appear in entrance exam to GDMO's under DGHS," which mandate that applications for NOC be decided within a period of seven days.

Furthermore, the court adhered to the Principles of Natural Justice, ensuring the applicant's right to a timely administrative decision regarding his career advancement.

The Tribunal noted that the applicant submitted his request in accordance with the Standard Operating Procedures (SOPs) issued by the Department of Health Family Welfare, GNCTD.

It observed that although the guidelines prescribed a seven-day window for disposal, the application remained pending with the exam date (May 16, 2026) fast approaching.

Benchmarking the facts against the procedural requirements, the Tribunal determined that the respondents' inaction necessitated judicial intervention. Since the respondents' counsel conceded that the application could be considered expeditiously in accordance with the law, the Tribunal found it appropriate to issue a time-bound directive without delving into the substantive merits of the NOC request.

It directed the competent authority among the respondents to consider the applicant’s pending NOC application dated April 2/6, 2026, and communicate a decision via a reasoned and speaking order "as expeditiously as possible" before May 16, 2026.

The order was issued Dasti to ensure immediate compliance. No order was made as to costs.