IMPORTANT POINT
An employee's resignation cannot be denied based on staffing shortages, especially after the bond period has expired, affirming the right to career progression.

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, issued an advertisement inviting applications for recruitment to the posts of Professor, Additional Professors, Associate Professors and Assistant Professors. Petitioner, being fully eligible for appointment against the post of Assistant Professor (Dermatology), also submitted an application in response to the said advertisement. Though on 08.12.2023, AIIMS, Bilaspur, included the name of the petitioner in the list of provisionally eligible candidates for the post of Assistant Professor, but with remarks “Subject to submission of NOC from Competent Authority”. Though case of the petitioner was duly forwarded to respondent No. 2, vide communication dated 25.11.2023, but since nothing was heard from respondent, petitioner was compelled to approach this Court in the instant proceedings, praying therein for the reliefs, as reproduced herein above.

4. This Court, vide order dated 13.12.2023, directed respondents to issue provisional No Objection Certificate to the petitioner, enabling her to participate in the selection process initiated by the AIIMS, Bilaspur. Though petitioner participated in selection process, pursuant to her being granted provisional No Objection Certificate, but despite her being selected against the post in question in the institute concerned, she has not been able to join till date for want of final No Objection Certificate .

5. By way of filing detailed reply, respondents No. 1 to 3 have attempted to refute the claim of the petitioner on the ground that on account of acute shortage of staff, she cannot be relieved by them. Since during proceedings of the case, issue with regard to bond, if any, furnished by the petitioner emerged and it was claimed by learned counsel for the petitioner that period of bond furnished by the petitioner has already elapsed, this Court specifically called upon learned Additional Advocate General, vide order dated 28.04.2025, to have instructions that what is the technical hitch in accepting the resignation tendered by the petitioner. Pursuant to afore order passed by this Court, Mr. Rajan Kahol, learned Additional Advocate General, has made available communication dated 01.05.2025 issued under the signatures of Director Health Services, Himachal Pradesh, which reads as under:

NO. HFW-H (I)B(3)273/2002

HEALTH & FAMILY WELFARE DEPARTMENT,

HIMACHAL PRADESH

To

The Ld. Advocate General,

Himachal Pradesh, Shimla-1.

Dated Shimla-9, the

Subject:- CWP No. 10213/2023 Dr. Sandhya Kumari Vs. State of HP & Ors.

Sir,

Kindly refer to the above titled CWP as well as orders passed by the Hon'ble High Court therein on 28.04.2025 in the above titled CWP and as per the directions of the Government vide letter No.HFW-D(E)3-115/23 dated 26-4-2025.

In this regard, it is submitted that the request of the petitioner for NOC/technical resig