Shimla (Himachal Pradesh) [India], June 20 (ANI): The Himachal Pradesh High Court has directed the state government to issue a No Objection Certificate (NOC) to a government doctor for pursuing a Super Specialty course.
Refering to the previous judgement of a double bench of the High Court, which says, “doctors are not slaves” and cannot be compelled to serve against their wishes if they are willing to forfeit bond money.
Justice Sandeep Sharma passed the order on Tuesday in CWP No. 9235 of 2025, allowing the petition filed by Dr Pankaj Sharma, who had challenged the rejection of his request for an NOC to pursue a DNB SS Medical Oncology course under the All India Quota.
Dr Sharma, currently posted as Senior Resident at Pt. Jawahar Lal Nehru Government Medical College, Chamba, had completed his post-graduate degree in Radiotherapy and was selected for a Super Specialty seat at Paras Hospital, Punjab. However, his application for NOC was denied by the Director of Health Services on May 26 on the ground that he had not completed the mandatory one-year field posting after PG.
Setting aside the rejection order, the Court directed the state to issue the NOC and release Dr Sharma’s original MBBS degree by noon on June 18, subject to his depositing Rs 40 lakh as bond amount within a week and submitting a written undertaking that he would return to serve the state for five years after completing his course.
“Doctors not bound to serve if opting for bond money” citing previous judgments, the Court observed.
“Respondents (doctors) are only required to serve the State in case they are willing to abide by the bond. Once the respondents have opted for depositing the bond amount, the State has no authority to withhold the NOC or the original documents.”
The Court referred to Division Bench rulings in Ajay Kumar Chauhan v. State of HP and State of HP v. Lovdeep Singh, where similar relief was granted to doctors who sought resignation or NOC upon payment of bond money.
While the Advocate General submitted that the state was facing an acute shortage of medical officers and could not afford to relieve specialists, the Court held that the public interest in retaining manpower cannot override the individual’s right to professional advancement, especially when the state has the option to recover the bond amount.
The Court also held that Dr Sharma’s service of over one year and nine months including stints at new medical colleges fulfilled the bond service requirement under Clause 7.3.7 of the amended PG Policy dated December 24, 2021, which allows counting Senior Residency in new institutions as mandatory field posting.
“It cannot be said that he has not completed one-year mandatory field posting,” the judge ruled, adding that his placement by the state itself in multiple postings satisfied the spirit of the policy.
Dr Sharma appeared in person before the Court and gave an undertaking that he would deposit the bond amount of Rs 40 lakh within a week and serve the State for five years after his Super Specialty training. He also agreed to take extraordinary leave without pay for the duration of the course and waived interest on the refundable bond amount.
Key directions issued by the Court: The impugned order dated May 26 rejecting the NOC request is quashed.
The state government is directed to issue the NOC and release the original documents by 12:00 noon on June 18.
The petitioner must deposit Rs 40,00,000 within a week and file an undertaking as recorded in the Court.
Justice Sharma further cautioned the petitioner that any violation of his undertaking would invite penal consequences and contempt proceedings, and the bond amount would stand forfeited without interest. (ANI)
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