HP High Court orders State to issue NOC to Doctor for AIIMS Bilaspur post upon bond payment
Photo used for indicative purpose only. Source internet
Shimla, May 7,
The Himachal Pradesh High Court has directed the State Government to issue a final No Objection Certificate (NOC) to Dr. Ashok Garg, who was selected for the post of Assistant Professor (Neonatology) at the All India Institute of Medical Sciences (AIIMS), Bilaspur, provided he deposits the bond amount of Rs 60 lakh.
Justice Sandeep Sharma passed the order while disposing of Civil Writ Petition of 2023, filed by Dr. Garg, who had sought the court’s intervention after the Health Department failed to issue the final NOC required for joining the central institute. The Court observed that since the petitioner is willing to fulfil the bond condition, denial of the NOC would be unjustified.
Background
Dr. Garg completed his MBBS in 2007 and joined as a Medical Officer on a contract basis in 2009, later regularized in 2011. He completed his MD (Pediatrics) in 2016 and a DM (Neonatology) in 2023 from PGI Chandigarh under a State-sponsored scheme. As per the sponsorship bond signed in July 2020, Dr. Garg was obligated to serve the State for seven years or pay ₹60 lakh in lieu.
In November 2023, AIIMS Bilaspur advertised faculty positions, and Dr. Garg was declared provisionally eligible for the post of Assistant Professor (Neonatology), subject to submission of a NOC from the State Government. Despite his selection, the final NOC was withheld due to the bond condition.
State’s argument
The State, through the Director of Health Services, contended that Dr. Garg’s bond obligated him to serve the State for seven years post-specialization and that granting him a NOC would go against the policy intended to address the shortage of super-specialists in government health services. The Advocate General relied on the Supreme Court’s judgment in Association of Medical Super Specialty Aspirants and Residents vs. Union of India and a 2024 Division Bench decision in State of H.P. vs. Dr. Rajeev Sandal to assert the enforceability of the bond conditions.
Court’s observations
The Court noted that the State had, through a communication dated April 26, 2025, already stated that the petitioner’s resignation would be considered upon upfront payment of the bond amount. It further recorded the petitioner’s readiness to deposit the ₹60 lakh.
The Court also confirmed with AIIMS Bilaspur that the post for which Dr. Garg was selected remains vacant, and that no further recruitment has been initiated, keeping the door open for his appointment.
In light of this, Justice Sharma held that once the petitioner complies with the bond payment condition, the State is obligated to issue the NOC. The Court rejected the argument that technical resignation should be withheld despite willingness to fulfill contractual obligations.
Final directions
The High Court ordered that upon deposit of ₹60 lakh by Dr. Garg in accordance with the bond terms, the State shall issue a final NOC. On issuance of the NOC, the State shall process and accept Dr. Garg’s technical resignation, enabling him to join AIIMS Bilaspur.
About the Author
The HimachalScape Bureau comprises seasoned journalists from Himachal Pradesh with over 25 years of experience in leading media conglomerates such as The Times of India and United News of India. Known for their in-depth regional insights, the team brings credible, research-driven, and balanced reportage on Himachal’s socio-political and developmental landscape.
