The Himachal Pradesh High Court has ruled in favor of Dr. Ashok Garg, directing the Indira Gandhi Medical College (IGMC), Shimla, to issue a No Objection Certificate (NOC) to enable him to take up a new position at AIIMS, Bilaspur. Dr. Garg had been selected for the post of Assistant Professor in Neonatology but was unable to join due to the lack of a final NOC from his current employer.
Dr. Garg completed his MBBS in 2007 from Rajendra Prasad Government Medical College, Tanda, and joined as a medical officer in 2009. His services were regularized in 2011. He pursued further specialization by completing his MD in Pediatrics from IGMC, Shimla (2013–2016), and later a DM in Neonatology from PGI Chandigarh in 2023. He rejoined IGMC and was appointed Assistant Professor in August 2023.
Read Also:- Gauhati High Court Seeks Clarification on Denial of ST Benefits to Yobin Tribe in Arunachal Pradesh
Following an advertisement by AIIMS Bilaspur in November 2023, Dr. Garg applied for the Assistant Professor position. He was found eligible, with the condition that he submit an NOC from IGMC. Despite repeated follow-ups, IGMC did not respond, leading Dr. Garg to approach the High Court.
The State opposed the request, citing a bond signed by Dr. Garg on July 4, 2020, which required him to serve the state for seven years after completing his super specialty course. If breached, the bond stated he must pay ₹60 lakhs, along with interest and the salary drawn during the course. They argued that the NOC could not be granted due to the acute shortage of specialists in the state.
However, the court took a different view.
“Since the petitioner is willing to pay the full bond amount of ₹60,00,000, he cannot be compelled to work against his wishes.” – Hon’ble Justice Sandeep Sharma
The court emphasized that the bond was designed to ensure service from state-sponsored doctors, but it also included a clause for payment in lieu of service. Therefore, if Dr. Garg pays the required bond amount, the state cannot legally force him to continue working against his will.
The court also dismissed the argument regarding public inconvenience, stating:
“AIIMS Bilaspur is a central institution within Himachal Pradesh. The state’s interest will still be served, and the public may benefit more due to better infrastructure and specialization at AIIMS.”
Dr. Garg expressed readiness to deposit the bond money, and the Health Department, too, confirmed that they would accept his resignation once the bond amount is paid.
Read Also:- Encroacher Cannot Seek Injunction Against True Landowner, Reiterates Himachal Pradesh High Court
As per the final order dated May 2, 2025, the High Court directed Dr. Garg to deposit ₹60 lakhs within seven days. The Health Department was instructed to process his resignation within three days of payment and issue the final NOC immediately after.
“After acceptance of the resignation and deposit of ₹60 lakhs, the final NOC shall be issued, enabling the petitioner to join AIIMS, Bilaspur.”
The court also noted that there was no cancellation of Dr. Garg’s job offer at AIIMS and hoped that no unnecessary delays would be created by AIIMS in allowing him to join.
Case Name: Dr. Ashok Garg v/s State of H.P. & Ors.
Case No.: 10211 of 2023
Date of Decision: 02.05.2025
For the petitioner : M/s Onkar Jairath and Anshul Jairath, Advocates.
For the respondents : Mr. Anup Rattan, Advocate General, with Mr. Rajan Kahol, Mr. B.C. Verma and Mr. Vishal Panwar, Additional Advocates General, with Mr. Ravi Chauhan, Deputy Advocate General, for State.
Mr. Shiv Pal Manhans, Senior Panel Counsel, for respondent No.4.
