In Brief
The Haryana Public Service Commission advertised Assistant Professor posts requiring candidates to submit a No Objection Certificate (NOC) from their employer. The appellant applied for NOC in March 2016, well before the deadline, but his employer delayed issuing it until June 2018, despite a court intervention and reminder. He passed the written exam and was provisionally interviewed. The High Court refused to appoint him because he lacked the NOC at interview, despite finding him more meritorious than the selected candidate. The Supreme Court held the High Court erred: the appellant was not at fault for the employer's administrative delay, applied timely, and submitted the NOC before appointments were finalized. Under Article 142, the Court appointed him while protecting the already-serving respondent by accommodating him on another vacant post, achieving substantial justice without disturbing an innocent appointee.
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