Shimla, June 19,
Safeguarding individual career aspirations against rigid administrative stances, the Himachal Pradesh High Court has directed the State Government to issue a No Objection Certificate (NOC) to Dr. Pankaj Sharma, enabling him to pursue a DNB Super Specialty Course in Medical Oncology, while setting aside the Health Department’s refusal based on incomplete bond service. The ruling was delivered by Justice Sandeep Sharma on June 17, 2025.
Dr. Sharma, currently posted as Senior Resident in Radiotherapy at Pt. Jawahar Lal Nehru Government Medical College, Chamba, had challenged the rejection of his NOC request despite offering to either complete his remaining bond post-DNB or forfeit the bond amount of ₹40 lakh.
The court observed that while Dr. Sharma had signed a four-year service bond with the State after completing his PG, he had already served the government for over one year and nine months. It also noted that the State’s own amended policy exempts newly established government medical colleges from mandatory one-year field posting before pursuing senior residency, a fact the court said was “not properly accounted for” by the authorities.
Responding to the State’s argument that allowing Dr. Sharma to leave would worsen the ongoing shortage of doctors, Justice Sharma remarked, “This Court cannot lose sight of the fact that there is a shortage of doctors in State of Himachal Pradesh but that cannot be sole ground to stop progression of individual who after his having completed PG course wants to do Super Specialty that too at his own expense.”
Citing precedents, the Court referred to the Division Bench ruling in Ajay Kumar Chauhan v. State of Himachal Pradesh, which held that “shortage of Medical Officers… cannot be a reason enough which can bind an unwilling employee to serve the State.” Similar views were echoed in Dr. Trilok Chand v. Union of India, and State of Himachal Pradesh v. Lovdeep Singh, where it was ruled that once bond money is paid, the government cannot withhold NOC or documents.
Justice Sharma ruled, “Once bond money is deposited, person concerned cannot be compelled to work against his wishes,” adding that the petitioner’s offer to return and serve after DNB actually benefits public interest in the long run.
In court, Dr. Sharma also submitted a formal undertaking, promising to deposit ₹40 lakh within a week, avail extra ordinary leave without pay, and return to serve the State for five years as a Super Specialist. “In case I fail to honour the undertaking… I shall render myself liable for penal consequences as well as contempt proceedings,” the doctor stated under oath.
The court quashed the May 26, 2025 order that had denied the NOC and directed the government to issue both the NOC and release Dr. Sharma’s original MBBS degree by June 18, 2025, enabling him to join his allotted seat without delay.
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