ASHOK GARG Vs. STATE OF H.P.

JUDGEMENT

(1.) By way of instant petition, petitioner has prayed for following main relief:

(2.) Petitioner herein, after his having done M.B.B.S. in the year 2007 from Rajendra Prasad Government Medical College, Tanda, came to be appointed as Medical Officer in the year 2009 on contract basis and thereafter his services were regularized w.e.f. 18/7/2011. After being regularized, petitioner completed his M.D. in Pediatrics from I.G.M.C., Shimla in the year 2013-16 and thereafter Doctorate of Medicine in Neonatology in the year 2023 from P.G.I., Chandigarh. His after having done M.D., petitioner joined back in the year 2016 and thereafter on completion of his Doctorate of Medicine, as detailed hereinabove, he joined back in I.G.M.C., Shimla. In the month of August 2023, he was designated as Assistant Professor in the Department of Pediatrics. On 6/11/2023, All India Institute of Medical Sciences, Bilaspur (for short, hereinafter referred to as "AIIMS, Bilaspur") issued an advertisement dtd. 6/11/2023 thereby inviting applications for recruitment to the post of Professor, Additional Professors, Associate Professors and Assistant Professors. Petitioner being fully eligible, applied against the post of Assistant Professor (Neonatology). On 8/12/2023, AIIMS, Bilaspur, found the petitioner to be fully eligible and accordingly published the list of provisionally eligible and ineligible candidates. Though name of the petitioner figured at serial No.23 in the list of provisionally eligible candidates for the post of Assistant Professor, but with remarks "Subject to submission of NOC from Competent Authority". Case of the petitioner was duly forwarded to the respondent No.2 vide communication dtd. 25/11/2023, but since nothing was heard, petitioner was compelled to approach this Court in the instant proceedings, praying therein for relief, as has been reproduced hereinabove.

(3.) Pursuant to notices issued in the instant proceedings, respondents No.1 to 3 have filed reply under the signatures and affidavit of Director, Health Services, Himachal Pradesh, wherein prayer made on behalf of the petitioner has been refuted on the ground that he has furnished a bond on 4/7/2020 to serve the State of Himachal Pradesh for a period of seven years after the successful completion of his Super Specialty Course, failing which, he shall pay a sum of Rs.60,00,000.00 along with interest @ 18% per annum and salary drawn by him while undergoing the said course, vide his application dtd. 9/7/2020.