Shimla – In a significant ruling upholding individual autonomy over state service bonds, the Himachal Pradesh High Court has directed the state government to issue a No Objection Certificate (NOC) to a paediatrician who sought to leave government service after completing his specialty course, on the condition that he pays the full Rs 60 lakh bond amount.
The court was hearing a petition filed by Dr Ashok Garg, assistant professor at Indira Gandhi Medical College (IGMC), Shimla, who was denied an NOC despite being selected for the post of assistant professor in neonatology at AIIMS, Bilaspur in December 2023.
Justice Sandeep Sharma, presiding over the case, ruled that once a government doctor agrees to pay the full bond amount, he cannot be compelled to work during the bond period. The bond clause itself stipulated financial liability in case of non-service, not compulsory retention, the bench observed.
“In no eventuality can he be compelled to work during the bond period,” stated the court, noting Dr Garg’s readiness to deposit the entire Rs 60 lakh bond.
Rejecting the state’s argument that granting an NOC would negatively impact public healthcare, the court emphasized that Dr Garg’s new posting at AIIMS Bilaspur — a central government institute within Himachal Pradesh — would ultimately benefit the public due to better medical infrastructure.
The court ordered the doctor to deposit the bond amount within seven days. It also directed state authorities to process his resignation within three days of payment, failing which it would be considered automatically accepted. The NOC must also be issued promptly, facilitating his joining at AIIMS Bilaspur, where the post remains vacant.
The bench added it “hopes and trusts” that AIIMS Bilaspur will not raise undue hurdles, given that Dr Garg’s selection was completed in 2023.
Background:
Dr Garg completed his MBBS in 2007, joined government service in 2009, earned his MD in Paediatrics from IGMC (2013–2016), and later completed a DM in Neonatology from PGIMER Chandigarh in 2023. Despite his selection by AIIMS, he was unable to join due to the state’s refusal to grant the required NOC — a decision now overturned by the court.
