Legal Advice

NOC from government for taking admission in foreign university

Question: I am a govt servant and currently in a process of making applications to numerous foreign universities  for a PhD program.  I asked my organization for a general NOC applicable to all universities. They denied and asked me to mention the name of the university to which I am applying.  As currently I am in a process of making applications and my admission is not yet confirmed. I cannot mention a list of 10-50 universities in my application.  Kindly help me write an appeal / application for issuance of a general NOC.

Advise

A government servant must obtain a No Objection Certificate (NOC) from the government before enrolling in a foreign university. If the service rules provide an opportunity for study leave, then the government is obligated to issue the NOC.

In many cases, government servants are required to obtain an NOC from their respective government department or employer before seeking admission to a foreign university. This is done to ensure that the employee’s absence for the duration of the academic program will not adversely affect the department’s operations.

Regarding the request for information from your superior officer about the status of your applications, they do not have the right to obtain such information at this time. This is because you have not yet been deemed suitable for admission to any foreign university. The NOC is not required solely for the purpose of filling out an application form.

When you are shortlisted for final admission at a university, it will be necessary to inform your superior officer in order to obtain the NOC. If the officer does not provide the NOC or causes unnecessary delays, you have the option to approach the High Court through a writ petition under Article 226 of the Constitution of India to seek a timely issuance of the NOC.

Shivendra Pratap Singh

Advocate

High Court Lucknow

Civil Law

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