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In a milestone judgment safeguarding the profession of doctors, the Himachal Pradesh High Court has held that a government doctor who is ready to pay the entire bond amount cannot be forced to serve unwillingly. This follows after Dr. Ashok Garg, a paediatrician at Indira Gandhi Medical College (IGMC), Shimla, moved a plea for being released from the service bond placed by the state so that he can join AIIMS Bilaspur.
Dr. Garg was selected for the post of Assistant Professor in Neonatology at AIIMS, Bilaspur, in December 2023. However, the state government did not issue him the necessary No Objection Certificate (NOC), citing the bond agreement he signed before pursuing higher studies.
Garg's case shows that the typical situation that government doctors are faced with is striking a balance between their career advancement and their bond to the state service. The bond that he signed mandated him to serve the Himachal government after completing his super-specialty training or face a penalty of Rs 60 lakh.
Court: Willingness to pay nullifies compulsion to serve.
Overseeing the case, Justice Sandeep Sharma clarified that if a doctor is ready to pay the bond amount, the government cannot force him to serve.
"Since the condition in the bond itself suggests that on account of non-execution of the bond, the person responsible for executing the bond shall be liable to pay the bond money (Rs 60 lakh in the case at hand) and the person responsible, i.e. the petitioner herein, is ready and willing to pay the bond money, in no eventuality, he can be compelled to work during the bond period." the court stated.
The court directed the state to release an NOC within seven days of Dr.Garg depositing the bond money of ₹60 lakh. Then the government shall have to finalize Dr. Garg's resignation in three days' time, on failure of which it will stand accepted.
Improved public access to neonatal care at AIIMS
Overturning the state's contention that the people will be hurt by the lack of doctors, the court observed that Dr Garg will continue to serve the people of Himachal, this time at AIIMS Bilaspur, a world-class institution with improved neonatal care facilities.
The judgment highlighted that his skills would be put to better use in a specialized setup, ultimately helping patients in the region.
A doctor's journey: From rural roots to super specialist
Dr. Garg's professional career started in 2007 when he pursued his MBBS from Rajendra Prasad Government Medical College, Tanda. He entered the government service in 2009 and subsequently completed his MD in Pediatrics from IGMC, Shimla. In 2023, he completed his DM in Neonatology from PGIMER, Chandigarh. Even after being eligible and selected for the position at AIIMS, bureaucratic delays befell him until the present intervention of this court.
The court also urged AIIMS Bilaspur to welcome Dr. Garg's induction without undue obstacles, particularly as the post is lying vacant.
(Input from various sources)
(Rehash/Muhammad Faisal Arshad/MSM)
