The High Court of Andhra Pradesh has affirmed that a candidate’s failure to obtain a “No Objection Certificate” (NOC) while pursuing higher studies during part-time, honorarium-based government engagement does not, by itself, constitute a disqualification for recruitment, provided statutory educational requirements under the DSC-2025 notification are met. This judgment upholds statutory eligibility as the decisive criterion, reinforcing binding precedent for government recruitment processes in the education sector.
Summary
| Category | Data |
|---|---|
| Case Name | WP/26335/2025 of PALA KRISHNA Vs THE DISTRICT EDUCATION OFFICER / CONVENOR |
| CNR | APHC010509382025 |
| Date of Registration | 22-09-2025 |
| Decision Date | 31-10-2025 |
| Disposal Nature | DISPOSED OF NO COSTS |
| Judgment Author | NYAPATHY VIJAY |
| Court | High Court of Andhra Pradesh |
| Bench | NYAPATHY VIJAY |
| Precedent Value | Binding on all subordinate courts in Andhra Pradesh |
| Type of Law | Service Law / Education Sector Recruitment |
| Questions of Law | Whether non-obtaining of NOC by a part-time, temporary government honorarium worker for studying B.P.Ed renders candidate ineligible for DSC-2025 School Assistant appointment. |
| Ratio Decidendi | The rejection of candidature for not obtaining a NOC from temporary, hourly paid, government engagement during the pursuit of a prescribed educational qualification is unsustainable. Appointment can be considered if educational eligibility and marks under the relevant notification are met. Statutory/notification criteria take precedence over internal administrative objections. |
| Facts as Summarised by the Court | Petitioner, a part-time instructor in Sarva Siksha Abhyan (SSA), Eluru (temporary, honorarium basis), obtained B.P.Ed from Adikavi Nannaya University. He scored 75 marks (81st rank) in DSC-2025, completed certificate verification, but appointment was withheld due to a complaint about not obtaining NOC from SSA for studies. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts and authorities in Andhra Pradesh administering government education recruitment |
| Persuasive For | Other High Courts and educational recruitment authorities outside Andhra Pradesh |
What’s New / What Lawyers Should Note
- Clarifies that lack of NOC by part-time, temporary government instructors while pursuing degrees is not a disqualification, if statutory/notification qualifications are met.
- Restates that administrative or internal service requirements cannot override statutory eligibility criteria in recruitment notifications.
- Strengthens precedent for candidates whose educational qualifications and rank are undisputed, restricting authorities from withholding appointments on technical administrative grounds.
- Lawyers can cite this decision against similar appointment withholdings in service recruitment contexts where no statutory embargo exists.
Summary of Legal Reasoning
- The court noted the admitted facts: the petitioner held the B.P.Ed obtained from a recognized university and secured a qualifying rank in the DSC-2025 School Assistant (Physical Education) recruitment.
- The respondents’ principal objection was the non-obtaining of a NOC while employed part-time, temporarily, on an honorarium basis in Sarva Siksha Abhyan (SSA).
- The court reasoned that since the employment was not regular, being both temporary and hourly paid, and since the DSC-2025 notification did not stipulate NOC as a mandatory condition, such administrative objections could not override statutory eligibility.
- The court reaffirmed that statutory or notification-based qualifications alone held relevance in recruitment processes, and extraneous requirements like a NOC for temporary instructors had no legal basis for disqualification.
- Directed authorities to consider the petitioner’s claim purely on qualification and merit basis as per the DSC-2025 notification.
- No cost order, and miscellaneous applications closed.
Arguments by the Parties
Petitioner
- Petitioner met all required qualifications for School Assistant (Physical Education) post as per notification.
- Petitioner’s employment was only temporary and on honorarium basis; did not warrant NOC requirements.
- Withholding appointment due to alleged lack of NOC is arbitrary and not based on statutory criteria.
Respondent
- Withheld appointment because petitioner, while part-time instructor under SSA, studied for B.P.Ed without permission from the Appointing Authority/without obtaining NOC.
- Such absence of permission, according to respondents, invalidates candidature.
Factual Background
The petitioner served as a part-time, hourly based instructor (on honorarium) under Sarva Siksha Abhyan in Eluru. He completed a B.P.Ed (regular) from Adikavi Nannaya University. In the DSC-2025 examination for recruitment as School Assistant (Physical Education), he scored 75 marks, securing 81st rank. During certificate verification, all documents were produced. However, appointment was withheld following a complaint that the petitioner had not obtained a No Objection Certificate from SSA for pursuing the degree.
Statutory Analysis
The court considered the eligibility criteria as per the DSC-2025 notification. No statutory provision or clause in the recruitment notification required a NOC for part-time, temporary SSA instructors seeking to enhance qualifications. The court interpreted the notification to mean that required educational qualifications and examination marks alone were relevant, and administrative requirements outside the notification cannot act as a bar.
Dissenting / Concurring Opinion Summary
No dissenting or concurring opinions are recorded in the judgment.
Procedural Innovations
No procedural innovations are indicated or recorded in the judgment.
Alert Indicators
- ✔ Precedent Followed – Existing law on primacy of statutory recruitment criteria over administrative obstacles is affirmed.