IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.6521 of 2025 Reserved on: 21.05.2025 Date of Decision: 28.05.2025 __________________________________________________________

Hitesh Chanana and Others …….Petitioners Versus State of H.P. and Others ….Respondents __________________________________________________________

Coram:

Hon’ble Mr. Justice Sandeep Sharma, Judge.

Whether approved for reporting? ¹ Yes.

For the Petitioners: Mr. Dilip Sharma, Senior Advocate, with Mr.

Bharat Thakur and Mr. Manish Sharma, 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.

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Sandeep Sharma, Judge By way of instant petition, petitioners have prayed for following reliefs:

“i) That impugned order, if any, passed during the pendency of the writ petition refusing to relieve the petitioners from the conditions of bond executed by them may kindly be quashed and set aside and the respondents may be directed to relieve the petitioners from the bond conditions;

ii) That the respondents may be directed to release the original MBBS degree to the petitioners along with undated cheques;”

2. For having bird’s eye view, relevant facts, as emerge from the pleadings adduced on record by respective parties are that the petitioners herein, who completed their MBBS Degree from various

1Whether the reporters of the local papers may be allowed to see the judgment? Yes.

colleges across India during the year 2017 to 2020, appeared in NEET PG 2025 Examination for admission in PG courses and they all successfully qualified the same. Respondents-department issued Prospectus for the Session 2021-22 (Annexure P-2) for centralized counselling and admission to Post Graduate Degree (MD/MS) Courses. In terms of instructions contained in Prospectus, detailed hereinabove, petitioners, being eligible, applied for seat in MD/MS courses in State of Himachal Pradesh. Petitioners No.1 to 28 secured seats in Post Graduate Courses in different subjects at IGMC, Shimla, as direct candidates, whereas petitioners No.29 to 46 also secured seats in Post Graduate Courses in different subject at RPGMC, Tanda. After their being given admission in Post Graduate Courses, they, in terms of PG/Super Specialty Policy (Annexure P-1) and Prospectus for the year 2021-22 (Annexure P-2), undertook to serve the State for two years after completion of PG Course, by executing a bond in the sum of Rs.40,00,000/- along with 18% interest per annum along with the salary drawn and also submitted their original MBBS Degrees.

3. For completion of facts, it is apt to take note of facts at this stage that vide Notification dated 27.02.2019 (Annexure P-1), Government of Himachal Pradesh, Department of Health & Family Welfare notified PG/Super Specialty Policy for regulating admissions to various Post Graduation and Super Specialty Courses in Medical Education. Clause 6 of the said Policy deals with terms & conditions of bond for Post Graduation, Clause 6.8.2 whereof provides that bond condition is not applicable to those direct candidates, in whose case the Government/DHS/DDHS fails to issue any order for field posting within a month of their clearing the PG exam.

4. Terms & conditions of bond for Post Graduation as per the provisions of PG Policy notified by the Government vide Notification dated 27.02.2019 (Annexure P-1) was further incorporated in the Prospectus as Clause 11. Clause 11.8 of the Prospectus, under the heading “Exception” provides that conditions of bond will not be applicable to those direct candidates, in whose case the Government/Director Health Services, Himachal Pradesh, fails to issue orders of field posting within a month of their clearing the PG Exams. 5. Vide gazette notification dated 07.03.2025 (Annexure P-3), the result of MD/MS final year examination of batch 2021 came to be declar