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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE SANDEEP SHARMA
Ashok Garg – Appellant
Versus
State of H.P. – Respondent
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 th
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.
An employee's resignation cannot be denied based on staffing shortages, especially after the bond period has expired, affirming the right to career progression.
The court upheld the validity of state-mandated compulsory service bonds for medical postgraduates, affirming they serve public interest and do not violate constitutional rights.
Prior appointment conditions are void following new appointments under updated rules, and enforcement of such bonds is deemed irrational and unlawful.
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