Himachal Pradesh High Court
Dr. Ankita Dadhwal vs . State Of Hp. & Ors. on 30 September, 2022
Bench: Amjad Ahtesham Sayed, Jyotsna Rewal Dua
Dr. Ankita Dadhwal Vs. State of HP. & Ors.
CWP No.6519 of 2022 .
30.09.2022 Present: Mr. Vishwa Bhushan, Advocate, for the petitioner.
Mr. Ajay Vaidya, Senior Additional Advocate General, for respondent Nos. 1 to 4.
Mr. Balram Sharma, Assistant Solicitor General of India, for respondent No.5.
CMP No.13090 of 2022 The applicant desired a No Objection Certificate (NOC) from the respondents to enable her to join as a Senior Resident in AIIMS Bilaspur, H.P. The respondents have refused to grant NOC to the applicant, hence, the writ petition.
2. As per the averments made in the petition, after obtaining MBBS Degree, the applicant joined as Medical Officer with the respondent-Health Department. For doing three years Post Graduation Course (MS Degree) in Obstetrics and Gynecology from Dr. R.P.G Medical College, Tanda, District Kangra, H.P. during the session 2019-22, the petitioner on 05.10.2020, executed a bond with the respondents for Rs.40,00,000/-. The petitioner undertook therein that after successful completion of her degree, she would serve the Government of H.P. for a period of two years. The relevant condition of the bond is as under: -
"5. The first party agrees that till the successful completion of the period of 02 years' service with the Government of Himachal Pradesh or till the payment of Rs.40,00,000/- (Rupees Forty Lac only) including fulfillment of any other obligation as may be prescribed ::: Downloaded on - 01/10/2022 20:03:06 :::CIS by this bond, the certificates relating to the Bachelor Degree of the first party shall be in the custody of the .
SECOND PARTY and the first party shall not make any attempt to obtain duplicate degree from the issuing University/Institute, and if it makes any application to such effect, it would amount to fraud with the second party."
3. The bond executed by the petitioner was in terms of PG/Super Specialty Policy notified by the respondents on 27.02.2019. The bond has been furnished in terms of Clause 6.1 and Clause 6.2 of this policy. Clause 6.6 of the policy reproduced hereinafter, gives out the circumstances which constitute violation of the bond to serve the State: -
"6.6. The following shall constitute a violation of the bond to serve the State as outlined in Clause 6.1. 6.6.1 Failure to join the given field posting within 10 days of issuance of orders.
6.6.2 Putting in request for EOL/Study leave /request for NOC during the mandatory prior of service of the State.
6.6.3 Putting in request for Senior Residency within the mandatory first year of field posting."
4. The petitioner completed her post-graduation in the year 2022 and is discharging her duties in the respondent-State under the ongoing bond period. The respondents have refused to grant permission to the respondent to joint as Senior Resident in AIIMS Bilaspur as per Clause 6.6 of PG/SS Policy dated 27.02.2019.
5 A Division Bench of this Court on 24.11.2021, while deciding Letters Patent Appeal No.67 of 2021 (Dr. Chander ::: Downloaded on - 01/10/2022 20:03:06 :::CIS Shekhar Vs. State of Himachal Pradesh and others and the connected matters) has upheld the aforementioned Clauses of .
the PG/SS Policy. It will be appropriate at this stage to refer to para-26 of the judgment: -
"26) Clause 6.6. of the 2019 Policy is very clear that in case a person puts in a request for EOL/Study leave/request for NOC during the mandatory period of service of the State, then it shall be considered that the candidate has violated the guarantee furnished as per clause 6.1 of the 2019 Policy.
Since all the petitioners have furnished the bonds to the effect that they shall serve the State after completion of course for 4/5/2 years as the case may be or they will be liable to pay the bond money, they are bound by the conditions of the bonds executed by them, as has been observed by the Hon'ble Supreme Court of India in Association of Medical Superspeciality's case (Supra)."
6. Special Leave to Appeal (C) No(s)19762-19768/2021, preferred against the judgment dated 24.11.2021, were dismissed by the Hon'ble Apex Court on 06.12.2021.
7. Hence, no case for grant of interim relief is made out. The application to disposed of accordingly. CWP No.6519 of 2022
8. Respondents to file reply to the writ petition.
Stand over till 18.10.2022.
(A.A. Sayed)
Chief Justice
(Jyotsna Rewal Dua)
September 30, 2022 Judge
R.Atal
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