HP High Court voids bond for 45 doctors over Government’s delay in posting orders

Himachalscape bureau May 29, 2025 3 minutes read

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Shimla, May 29,

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In a major setback to the Himachal Pradesh Health Department, the High Court has allowed 45 postgraduate doctors to exit their mandatory two-year bond service, holding the department accountable for failing to issue timely posting orders. The verdict, delivered by Justice Sandeep Sharma cites “sheer negligence and callous attitude” on the part of officials responsible for the postings.

The case, Hitesh Chanana and Others vs. State of H.P. and Others , centered around direct PG candidates who had signed a ₹40 lakh bond, agreeing to serve the state for two years following the completion of their MD/MS courses. However, under Clause 6.8.2 of the PG/Super Specialty Policy dated February 27, 2019, the bond condition does not apply if the government fails to issue field posting orders within one month of result declaration.

The petitioners, who cleared their final exams on March 7, 2025, did not receive their posting orders until April 10—three days beyond the deadline. Despite departmental claims of budget session delays and procedural hurdles, the Court held that this delay was unjustified and that the consequences of such failure were clearly laid out in both the policy and the admission prospectus.

Justice Sandeep Sharma ruled:

“Since the respondents themselves failed to declare the result within stipulated period of one month… they cannot be permitted to take benefit to one part of bond, ignoring material condition… Omission, if any, on the part of respondents-department to declare result makes petitioners entitled to exit or relieve from bond.”

The Court cited its own earlier precedents, including Gunjan Kapoor vs. State of H.P. and Dr. Disha Sharma vs. State of H.P., affirming that the admission prospectus holds the force of law and is binding on both candidates and authorities.

Moreover, the Court firmly rejected the state’s argument that public interest should override procedural lapses. It held that when the policy itself provides an exit clause for delay in postings, invoking public interest after such failure is untenable. It stated that both the petitioners and the State are equally bound by the bond’s terms, including the exception clause.

In a significant concluding direction, the Court instructed:

“Minister-in-Charge of Health Department, Government of Himachal Pradesh, shall initiate appropriate action in accordance with law against erring officials, so that mistake committed in the case at hand is not repeated again.”

The authorities have been given one week to return the original MBBS degrees and undated cheques deposited as bond security. Additionally, a compliance affidavit detailing the action taken against responsible officers is to be submitted within three weeks.

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