Himachal Pradesh High Court declared, “Doctors are not slaves & cannot be compelled to serve against their wishes,” while directing the state to issue NOC to Dr. Pankaj Sharma, who was denied permission to pursue DNB SS Oncology.
Advocate General Anup Rattan argued that the state is currently experiencing a shortage of medical officers and cannot afford to lose specialists.
The Himachal Pradesh High Court, however, ruled that “the public interest in retaining manpower cannot override the individual’s right to professional advancement.”
This decision came while directing the state government to issue a No Objection Certificate (NOC) to Dr. Pankaj Sharma, who challenged the denial of his request to pursue a DNB SS Medical Oncology course under the All India Quota.
Justice Sandeep Sharma referenced a previous division bench order, stating,
“Doctors are not slaves and cannot be compelled to serve against their wishes if they are willing to forfeit bond money.”
The court acknowledged the existing shortage of healthcare professionals in the state but maintained that this could not be the sole reason to hinder an individual’s career progression, especially when they are pursuing further specialization at their own expense.
The ruling emphasized that once the bond money is paid, an individual cannot be forced to work against their will.
Dr. Sharma, who is currently a senior resident at Pt Jawahar Lal Nehru Government Medical College in Chamba and has completed his postgraduate degree in radiotherapy, was selected for a super specialty position at Paras Hospital in Punjab.
His application for an NOC was initially rejected by the director of health services on May 26 due to his incomplete one-year mandatory field posting after his postgraduate studies.
The court set-aside this decision, instructing the state to grant the NOC on the condition that he deposits Rs.40 lakh as a bond within a week and submits a written commitment to return to serve the state for five years after finishing his course.