A bond obligation does not compel a doctor to serve if they are willing to pay the bond amount, allowing for the issuance of a No Objection Certificate for employment.

JUDGMENT :

Sandeep Sharma, Judge

By way of instant petition, petitioner has prayed for 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 (Neonatology) in All India Institute of Medical Sciences, Bilaspur, District Bilaspur (HP).”

2. Petitioner herein, after his having done M.B.B.S. in the year 2007 from Rajendra Prasad Government Medical College, Tanda, came to be appointed as Medical Officer in the year 2009 oncontract basis and thereafter his services were regularized w.e.f. 18.07.2011. After being regularized, petitioner completed his M.D. in Pediatrics from I.G.M.C., Shimla in the year 2013-16 and thereafter Doctorate of Medicine in Neonatology in the year 2023 from P.G.I., Chandigarh. His after having done M.D., petitioner joined back in the year 2016 and thereafter on completion of his Doctorate of Medicine, as detailed hereinabove, he joined back in I.G.M.C., Shimla. In the month of August 2023, he was designated as Assistant Professor in the Department of Pediatrics. On 06.11.2023, All India Institute of Medical Sciences, Bilaspur (for short, hereinafter referred to as “AIIMS, Bilaspur”) issued an advertisement dated 06.11.2023 thereby inviting applications for recruitment to the post of Professor, Additional Professors, Associate Professors and Assistant Professors. Petitioner being fully eligible, applied against the post of Assistant Professor (Neonatology). On 08.12.2023, AIIMS, Bilaspur, found the petitioner to be fully eligible and accordingly published the list of provisionally eligible and ineligible candidates. Though name of the petitioner figured at serial No.23 in the list of provisionally eligible candidates for the post of Assistant Professor, but with remarks “Subject to submission of NOC from Competent Authority”. Case of the petitioner was duly forwarded to the respondent No.2 vide communication dated 25.11.2023, but since nothing was heard, petitioner was compelled to approach this Court in the instant proceedings, praying therein for relief, as has been reproduced hereinabove.

3. Pursuant to notices issued in the instant proceedings, respondents No.1 to 3 have filed reply under the signatures and affidavit of Director, Health Services, Himachal Pradesh, wherein prayer made on behalf of the petitioner has been refuted on the ground that he has furnished a bond on 04.07.2020 to serve the State of Himachal Pradesh for a period of seven years after the successful completion of his Super Specialty Course, failing which, he shall pay a sum of Rs.60,00,000/- along with interest @ 18% per annum and salary drawn by him while undergoing the said course, vide his application dated 09.07.2020.

4. While placing reliance upon the judgment passed by Hon’ble Apex Court in Writ Petition (Civil) No.376 of 2018, titled as Association of Medical Super Specialty Aspirants and Residents and Others Vs. Union of India and Others, along with connected matters, respondents have further set-up a case before this Court that all Doctors, who have executed compulsory bonds, shall be bound by the conditions contained therein. It has been further averred in the reply that sponsorship is a special policy of the State Government to improve the Specialist/Super Specialty services in the State and further to provide best possible medical facilities to the people in the largest interest of the patients. Respondents have claimed that No Objection Certificate cannot be claimed as a matter of right, rather, prayer made on behalf of the petitioner deserves outright rejection on account of the fact that State is facing acute shortage of Specialist Doctors.

5. Taking note of averments contained in the pleadings adduced on record by respective parties, as detailed hereinabove, this Court vide order dated 13.12.20