Himachal Pradesh High Court: In a writ petition filed by a doctor who was not being allowed to join the post of Assistant Professor (Neonatology) at AIIMS, Bilaspur, due to a bond that he shall serve the State for seven years after the successful completion of his Super Specialty Course, a Single Judge Bench of Sandeep Sharma, J., allowed the petition, holding that since the petitioner was willing to deposit the bond money he could not be forced to work against his wishes. Accordingly, the Court directed the petitioner to deposit the bond amount and the respondent authorities to issue the final No Objection Certificate (‘NOC’) for joining his appointment at AIIMS.
Background
The petitioner doctor after completing his MBBS, was appointed as a Medical Officer in 2009. Thereafter, he completed his M.D. in Paediatrics and Doctorate of Medicine in Neonatology. He was designated as Assistant Professor in the Department of Paediatrics in Indira Gandhi Medical College, Shimla (‘the College’).
In 2023, the All India Institute of Medical Sciences, Bilaspur (‘AIIMS’) issued an advertisement inviting applications for recruitment to several posts. The petitioner applied for Assistant Professor (Neonatology) and was found eligible. Accordingly, his name was published on the list of provisionally eligible candidates. Since his appointment was subject to submission of NOC from the Competent Authority, his case was duly forwarded to the Director, Health Services, Himachal Pradesh (‘the Department’). However, since he did not hear back, he filed the present petition.
Pursuant to notices issued in the instant proceedings, the respondent authorities filed their reply stating that the petitioner’s prayer was refuted on the ground that he furnished a bond on 04-07-2020 to serve the State for seven years after the successful completion of his Super Specialty Course, failing which, he shall pay a sum of Rs.60 Lakhs along with interest @ 18 percent per annum and salary drawn by him while undergoing the said course.
The Court vide order dated 13-12-2023, directed the College to issue a Provisional NOC to the petitioner, enabling him to participate in the selection process, initiated by AIIMS. Pursuant to Provisional NOC, the petitioner participated in the selection process and was selected, but he had not been able to join to date for want of the final NOC.
The petitioner contended that he was willing to deposit Rs. 60 Lakhs as bond money, subject to his being given final NOC on acceptance of technical resignation. The Department was ready and willing to accept the petitioner’s proposal for resignation, but subject to payment of the bond money in advance.
However, since the selection was made on 22-12-2023 and the petitioner was not appointed due to the pendency of the present case. Upon inquiring from AIIMS whether the offer of appointment made to the petitioner in 2024 was still open, the Court was informed that the position was still vacant, and thereafter, no process had ever been initiated.
Analysis
The Court stated that there cannot be any quarrel with the proposition of law that bonds executed by Doctors to serve the State after completing their education were binding and could be enforced, but since the petitioner agreed to pay the entire bond money, he could not be compelled to work against his wishes. The very purpose and object of furnishing bond is to ensure that the doctor who has studied on Government expenditure is made to work for State, after completing their medical courses, but once bond condition itself provides that bond amount shall be payable by the executant in case of violation of bond, it cannot be said that even after deposit, he can be compelled to work for the bond period.
Rejecting the reliance placed on the Assn. of Medical Superspeciality Aspirants & Residents v. Union of India, (2019) 8 SCC 607 and Rajeev Sandal v. State of H.P., 2024 SCC OnLine HP 3868, the Court stated that in the aforesaid cases, the petitioners claimed that the bond was a restraint on their professional activity would fall under the expression “forced labour” violating Article 23 of the Constitution. However, this plea was not accepted, and it was held that all the Doctors who had executed compulsory bonds would be bound by the conditions contained therein.
Noting this, the Court stated that since the bond itself suggests that on account of non-execution of bond, the executant shall be liable to pay the bond money and person responsible, i.e. petitioner herein, was ready and willing to pay the bond money, in no eventuality, he could be compelled to work during the bond period.
Similarly, the Court rejected the contention that due to the grant of NOC, the public at large would suffer on account of paucity of Doctors, stating that the petitioner would be joining AIIMS, which was a premium institution established by the Central Government. Since AIIMS falls within the State of Himachal Pradesh, it could not be said that interest of State would not be adequately protected, rather, on account of the petitioner’s posting at AIIMS, which admittedly has better a facility and Department in the field of Neonatology, the public of State of Himachal Pradesh would have better medical facilities.
Accordingly, the Court disposed the petition with the direction to the petitioner to deposit sum of Rs.60 Lakhs as bond money within seven days with the Department, which in-turn shall consider and decide the issue of technical resignation tendered by the petitioner within three days thereafter, failing which, resignation rendered by the petitioner shall be deemed to have been accepted. After acceptance of the technical resignation and receipt of the bond money, the final NOC shall be issued in favour of the petitioner.
[Dr. Ashok Garg v. State of H.P., CWP No.10211 of 2023, decided on 02-05-2025]
Advocates who appeared in this case :
For the petitioner: Onkar Jairath and Anshul Jairath
For the respondents: Advocate General Anup Rattan, Rajan Kahol, B.C. Verma, Additional Advocates General Vishal Panwar, Deputy Advocate General Ravi Chauhan, and Senior Panel Counsel Shiv Pal Manhans
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