Cannot Be Compelled To Work Against His Own Wish: Himachal Pradesh High Court Directs University To Issue NOC To Professor Seeking New Job.

Justice Sandeep Sharma: bonds executed by doctors, after their having done MBBS, medical courses, etc., to serve the State are binding and can be enforced, but since petitioner herein has agreed to pay the entire bond money i.e. Rs.60,00,000/-, he cannot be compelled to work against his wishes.

Background Facts:

The petitioner completed his M.B.B.S. from Rajendra Prasad Government Medical College, Tanda, in 2007 and was appointed as a medical officer at the college on a contractual basis in 2009. His services were regularized in 2011, after which he pursued an M.D. in Pediatrics at (IGMC), Shimla, from 2013 to 2016.

After completing his M.D., the petitioner rejoined the college in 2016. In 2023, he left again to pursue a Doctorate of Medicine (D.M.) in Neonatology at the Postgraduate Institute of Medical Education and Research (PGI), Chandigarh. Upon completion, he resumed service and was appointed Assistant Professor in the Department of Pediatrics at IGMC, Shimla.

On 06.11.2023, the All India Institute of Medical Sciences (AIIMS), Bilaspur issued an advertisement inviting applications for various faculty positions, including that of Assistant Professor. The petitioner, applied for the post and got selected on 08.12.2023.

Thereafter, the petitioner was asked to submit a No Objection Certificate from his current employer. He contacted the college requesting the certificate; however, no response was received. Consequently, the petitioner filed a writ petition in the High Court seeking a directive for the issuance of the NOC.

Contentions of the respondent:

The respondent argued that the petitioner was ineligible for an NOC, as he was a sponsored student and had signed a bond with the State on 04.07.2020 to serve IGMC Shimla, for a period of seven years after completing his Super Specialty Course. In case of failure to complete the service, he would be liable to pay a sum of ₹60,00,000/-."

They further submitted that sponsorship is a special policy of the State Government intended to improve specialist and super specialty services and to provide the best possible medical facilities to the state. Therefore, the petitioner could not be issued an NOC, especially in light of the acute shortage of specialist doctors in the State.

Findings:

The court noted that on 13.12.2023, the respondent was directed to issue a Provisional NOC to the petitioner, enabling him to participate in the selection process at AIIMS, Bilaspur. Even though the petitioner was selected, he was unable to join due to the pending final NOC.

The court observed that the petitioner was willing to deposit the bond amount, so he could not be compelled to work against his will. The bond's purpose was to secure public service from government-sponsored doctors, but it also included a provision allowing the petitioner to exit by paying the specified amount.

The court rejected the respondent's argument that the public would suffer due to a shortage of doctors if the NOC was granted. Since AIIMS, Bilaspur is a Central Government institution located within Himachal Pradesh, the court held that the interests of the State would remain protected. In fact, the court noted that with better facilities and a specialized department in Neonatology, the posting of the petitioner at AIIMS, Bilaspur would likely improve healthcare access for the public.

Accordingly, the court allowed the writ petition and directed the respondent to issue an NOC to the petitioner upon the deposit of Rs. 60,00,000/-.

Case Name: Dr. Ashok Garg v/s State of H.P. & Ors.

Case No.: 10211 of 2023

Date of Decision: 02.05.2025

For the petitioner : M/s Onkar Jairath and Anshul Jairath, Advocates.

For the respondents : Mr. Anup Rattan, Advocate General, with Mr. Rajan Kahol, Mr. B.C. Verma and Mr. Vishal Panwar, Additional Advocates General, with Mr. Ravi Chauhan, Deputy Advocate General, for State.

Mr. Shiv Pal Manhans, Senior Panel Counsel, for respondent No.4.

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