Shimla — In a key ruling that could impact service bonds across India, the Himachal Pradesh High Court has ruled that doctors cannot be compelled to serve bond periods if they are willing to pay the stipulated penalty amount.
Justice Sandeep Sharma made this observation while hearing a plea from a doctor and assistant professor at Indira Gandhi Medical College (IGMC), Shimla, who sought a No Objection Certificate (NOC) after being selected for a faculty post at AIIMS Bilaspur.
Background
- The doctor had signed a bond in 2020, committing to serve the state for seven years post his DM in Neonatology from PGI Chandigarh, in exchange for state sponsorship.
- On selection by AIIMS Bilaspur in December 2023, he requested an NOC from IGMC but was denied.
- In response, he moved the High Court, offering to pay the full bond amount of ₹60 lakh.
Court’s Observations
The court held that:
“Once the bond condition itself provides that in the event of violation, bond money shall be payable, it cannot be said that even after deposit of the bond amount, he can still be compelled to work.”
It further rejected the State’s claim that issuing an NOC would harm public health, reasoning:
“AIIMS Bilaspur, a Central Government-run institute, is located in Himachal Pradesh and offers superior Neonatology care. Thus, the public interest will still be served.”
Directions
The court directed:
- The petitioner must deposit ₹60 lakh within 7 days.
- The State must process his technical resignation within 3 days of the deposit.
- If not acted upon, the resignation would be deemed accepted, and the NOC must be issued immediately.
The court also expressed hope that AIIMS Bilaspur would accept his joining without obstacles, given the delay was judicial in nature.
