Court quashes State’s denial; says doctors cannot be compelled to serve if bond amount is paid
Shimla: In a significant ruling, the Himachal Pradesh High Court has directed the State Government to issue a No Objection Certificate (NOC) and original educational documents to a doctor who had cleared the NEET Super Speciality 2025 exam but was denied permission to pursue the course.
Justice Sandeep Sharma, while allowing the petition, firmly stated, “Doctors are not slaves” and ruled that once a doctor deposits the bond amount, the State cannot force them to continue service against their will. The Court observed that the denial of the NOC solely due to a shortage of doctors in the State cannot override an individual’s right to professional growth.
Doctor’s Case and Bond Obligations
The petitioner, a Senior Resident in the Radiotherapy department at Pt. Jawahar Lal Nehru Government Medical College (PJLNGMC), Chamba, had completed his postgraduate course and executed a bond of ₹40 lakh, committing to serve the State for four years.
Despite offering to deposit the entire bond amount and expressing willingness to return as a Super Specialist after completing the course, the State rejected his NOC citing incomplete field posting. The doctor had served 94 days of the mandatory one-year rural service and had submitted an unconditional resignation when his NOC plea was turned down.
Court’s Observations and Orders
The HC bench strongly criticized the State’s rigid stance, noting that:
“Once the bond money is deposited, a person cannot be compelled to work against his wishes… the petitioner has given two options—either to return and serve or forfeit the amount.”
The Court also took into account previous rulings, including Ajay Kumar Chauhan v. State of Himachal Pradesh and State of HP v. Lovdeep Singh, which established that inability to fulfill bond terms due to personal reasons can be offset by paying the bond amount and that documents/NOC cannot be withheld.
The bench also observed that:
“In public interest, if the petitioner completes his Super Speciality and returns to serve, the State stands to benefit in the long run.”
Final Directions
The Court allowed the petition, set aside the impugned order dated May 26, 2025, and directed the State to:
- Issue the NOC and release the petitioner’s MBBS degree.
- Furnish bank details for the deposit of ₹40 lakh within a week.
- Accept the undertaking from the petitioner that he will either return and serve the remaining bond period or forfeit the amount.
The petitioner agreed not to seek interest on the refundable bond amount and acknowledged that failure to fulfill the undertaking could result in contempt proceedings and forfeiture of the deposit.
