The Supreme Court has definitively ruled that Indian Air Force (IAF) personnel cannot unilaterally leave service to pursue civilian employment, stating that obtaining prior permission from the competent authority is a mandatory prerequisite. This decision emphasizes the critical need for operational preparedness within the disciplined force, asserting that procedural requirements are not to be treated as mere formalities. The court's judgment underlines that both seeking permission before applying for a civil post and securing a No Objection Certificate (NOC) post-selection are essential steps that cannot be disregarded by air warriors. This ruling came in response to an IAF Corporal's appeal who sought discharge to join a civil post after being selected as an Assistant Professor, reinforcing the structured regulations governing military service transitions.

The Supreme Court has definitively ruled that Indian Air Force (IAF) personnel cannot unilaterally leave service to pursue civilian employment, stating that obtaining prior permission from the competent authority is a mandatory prerequisite. This decision emphasizes the critical need for operational preparedness within the disciplined force, asserting that procedural requirements are not to be treated as mere formalities. The court's judgment underlines that both seeking permission before applying for a civil post and securing a No Objection Certificate (NOC) post-selection are essential steps that cannot be disregarded by air warriors. This ruling came in response to an IAF Corporal's appeal who sought discharge to join a civil post after being selected as an Assistant Professor, reinforcing the structured regulations governing military service transitions.

The Supreme Court has definitively ruled that Indian Air Force (IAF) personnel cannot unilaterally leave service to pursue civilian employment, stating that obtaining prior permission from the competent authority is a mandatory prerequisite. This decision emphasizes the critical need for operational preparedness within the disciplined force, asserting that procedural requirements are not to be treated as mere formalities. The court's judgment underlines that both seeking permission before applying for a civil post and securing a No Objection Certificate (NOC) post-selection are essential steps that cannot be disregarded by air warriors. This ruling came in response to an IAF Corporal's appeal who sought discharge to join a civil post after being selected as an Assistant Professor, reinforcing the structured regulations governing military service transitions.

The Supreme Court, on Wednesday, ruled that Indian Air Force (IAF) personnel do not have an "unqualified right" to leave service at will to join civil posts, holding that obtaining prior permission from the competent authority is a mandatory requirement aimed at maintaining operational preparedness.

Dismissing an appeal filed by IAF Corporal Nakhat Singh, a bench of Justices Ujjal Bhuyan and Atul S. Chandurkar said the procedural requirements under the Air Force Rules and related orders are not mere formalities and cannot be ignored.

"The object behind stipulating these requirements has a necessary nexus with the object of regulating premature discharge of air warriors from the IAF. It must be borne in mind that Airmen are members of the IAF, a disciplined force," the bench observed.

The court further held that seeking prior permission before applying for a civil post and obtaining a No Objection Certificate (NOC) after selection are mandatory requirements, according to news agency PTI.

"The prescription of seeking prior permission before making an attempt to apply for a civil post and the subsequent grant of NOC by the competent authority after such selection cannot be stated to be simple procedural requirements that could be dispensed with at the will of the concerned Airman," Justice Chandurkar, who authored the judgment, said.

The verdict came while dismissing Singh's plea seeking a No Objection Certificate and discharge from service after he was selected as an Assistant Professor (Hindi) through the Rajasthan Public Service Commission.

Singh, who had completed seven years of service in the IAF, applied for the civil post following a recruitment advertisement issued in November 2020. Although he cleared the competitive examination and interview, his application for an NOC and discharge, submitted in October 2022, was rejected by the Air Officer Commanding.

The Air Force authorities relied on the Air Force Order of 2017, which requires Air Force personnel to obtain prior permission from the competent authority before applying for a civil post.

Singh's challenge to the rejection had earlier been dismissed by the Armed Forces Tribunal as well as the Delhi High Court.

The Supreme Court noted that discharge rules for IAF personnel are governed primarily by Rule 15 of the Air Force Rules, 1969, under which personnel do not enjoy an unrestricted right to leave service prematurely.

The rule provides that discharge is generally permissible on completion of the initial period of regular service or under specified conditions. However, it also states that personnel are not entitled to discharge during a state of war, when war is considered imminent by the Central government, during the operation of an Emergency, or if the strength of their trade has fallen 10 per cent below the authorised establishment.

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