Sandhya Kumari vs State of Himachal Pradesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(HP) 69

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE SANDEEP SHARMA
Sandhya Kumari – Appellant
Versus
State of Himachal Pradesh – Respondent

Advocate Appeared:
For the Petitioner:Mr. Onkar Jairath, Mr. Anshul Jairath & Mr. Piyush Mehta, Advocates.
For the Respondents:Mr. Anup Rattan, Advocate General, Mr. Rajan Kahol, Mr. Vishal Panwar & Mr. B.C. Verma, Additional Advocate Generals, with Mr. Ravi Chauhan, Mr. Shiv Pal Manhas, Advocate

JUDGMENT :

Sandeep Sharma, J.

By way of instant petition, petitioner has prayed for the following main relief:

“(i) That the writ in the nature of Mandamus or any other appropriate writ order or directions may kindly be issued directing the Respondents to issue No Objection Certificate in favour of the Petitioner for the purpose of recruitment to the post of Assistant Professor (Dermatology) in All India Institute of Medical Sciences Bilaspur, District Bilaspur (HP).”

2. Precisely, the facts of the case, relevant for adjudication of the case at hand are that petitioner herein, after having done MBBS in 2007, was appointed as Medical Officer in the Health Department, Himachal Pradesh, in year 2008 on contract basis. Services of the petitioner were regularized subsequently on 10.01.2012. While in service, petitioner also completed MD in the subject of Dermatology, Venerology and Leprology from Himachal Pradesh University during the period 2012-15. In the year 2018, petitioner was promoted as Senior Resident (Dermatology) on tenure basis and thereafter, was designated as Assistant Professor in Department of Dermatology in year 2021.

3. On 06.11.2023, respondent No. 4 i.e. AIIMS, Bilaspur,