Himachal High Court quashes NOC rejection, allows doctor to join Super Specialty Course

In a significant judgment benefiting medical professionals, the Himachal Pradesh High Court has quashed the state government’s decision to deny a No Objection Certificate (NOC) to Dr. Pankaj Sharma, a Senior Resident at Pt. Jawahar Lal Nehru Government Medical College (PJLNGMC), Chamba, for pursuing a super specialty course in Medical Oncology.

Justice Sandeep Sharma, in an order passed on June 17, directed the state authorities to issue the NOC and release Dr. Sharma’s original MBBS degree by 12 noon on June 18, 2025. The court further allowed the petitioner to join the course at Paras Hospital, Punjab, on the condition that he deposits Rs 40 lakh as bond money within a week and furnishes a written undertaking.

Dr. Sharma, who is currently serving as a Tutor Specialist &Senior Resident in Chamba, had applied for an NOC to join the Diplomate of National Board Super Specialty (DNB SS) course after clearing the national entrance examination. However, his request was denied by the Director of Health Services on the ground that he had not completed the mandatory one-year field posting after his postgraduate studies. The court held that Dr. Sharma had already served more than one year and nine months across different postings, including Chamba and Nahan. It observed that under the amended PG policy, the field posting requirement is waived for doctors serving in new government medical colleges.

The judge added that denying the NOC on the basis of doctor shortage could not override the petitioner’s right to career advancement. Citing earlier verdicts, including Ajay Kumar Chauhan v. State of HP and Lovdeep Singh case, the court reiterated that unwilling employees cannot be forced to serve, and bond terms must allow for either service or financial compensation.

The learned court further clarified that if Dr. Sharma fails to rejoin government service after the course or defaults on his bond terms, the deposited amount would be forfeited without interest, and legal action may follow. This order is expected to guide similar cases pending before the High Court and marks a balancing act between individual aspirations and state service obligations.

Team Maverick