Nakhat Singh vs Union of India and Others

The appellant, Nakhat Singh, worked as a Corporal in the Indian Air Force. After serving seven years, he applied for the post of Assistant Professor in Hindi, advertised by the Rajasthan Public Service Commission in 2020. He cleared the exams and was selected. However, when he applied for a No Objection Certificate (NOC) and discharge from the Air Force, his request was rejected. The Air Force pointed out that under Air Force Order (AFO) No. 33/2017, he was strictly required to get permission from his superiors before applying for the civil job. Nakhat Singh argued that this was a minor procedural issue that should be ignored since he was already selected. The Supreme Court rejected his argument, emphasizing that the Air Force is a highly disciplined force. Rules governing premature discharge exist to protect the country's military preparedness and cannot be bypassed at will. The Court ruled that because the guidelines clearly state that an NOC will be denied if prior permission is not taken, this requirement is mandatory, not optional. An employee cannot create a 'done deal' situation by getting selected first and then demanding an NOC. Therefore, the Supreme Court dismissed his appeal, ruling that the Air Force was right to deny him the NOC.

Nakhat Singh, an Air Force Corporal, applied for a civil job as an Assistant Professor in Rajasthan and got selected. He then applied for an NOC and discharge, which the Air Force refused because he did not seek official permission before applying for the post.

The Supreme Court dismissed the appeal, ruling that military personnel must strictly follow service rules. Since the rules clearly warn that failing to get prior permission results in NOC rejection, the requirement is mandatory and cannot be ignored.

This judgment makes it clear that members of disciplined forces like the Army, Navy, or Air Force cannot leave their service at will. They must strictly follow all procedures and obtain official clearances before seeking external jobs, as military operational readiness is of primary importance.