Docs willing to pay bond money can’t be made to serve state: HC

The HP High Court has held that a doctor cannot be compelled to serve the state when he/she is ready to pay the entire bond money.

While passing this judgment, Justice Sandeep Sharma observed “that bonds executed by doctors, after their having completed MBBS, medical courses, etc., to serve the state are binding and can be enforced, but since the petitioner herein has agreed to pay the entire bond money i.e. Rs 60 lakh, he cannot be compelled to work against his wishes.”

The court stated that “the very purpose and object of furnishing a bond is to ensure that a doctor, who has studied on government expenditure, is made to work for the state, after his/her having done the MBBS course, medical courses etc., but once the bond conditions provide that in the event of any violation, the bond amount shall be payable by the executant of the bond, it cannot be said that even after the deposit of the bond money, he can be compelled to work for the bond period.”

The court passed the judgment on a petition filed by a doctor seeking direction to the state to issue a no object certificate in favour of the petitioner for the purpose of recruitment to the post of the Assistant Professor (Neonatology) at AIIMS, Bilaspur.

However, the state has opposed the petition on the ground that once the petitioner has submitted a bond, he is under obligation to serve the state of Himachal Pradesh for the bond period and on the account of aforementioned fact, the state cannot be compelled to issue an NOC to the petitioner, enabling him to join at AIIMS, Bilaspur.

While disposing of the petition, the court directed the petitioner to deposit Rs 60 lakh as the bond money within seven days with the department, which in-turn shall consider and decide the issue of technical resignation tendered by the petitioner within three days’ thereafter, failing which, resignation rendered by the petitioner shall be deemed to have been accepted.