Dr. Ajmal Rafi Vs. State of H.P. & Ors. CWP No.02 of 2025 30.05.2025 Present: Mr. Bhuvnesh Sharma, Senior Advocate with Mr. Parav Sharma and Ms. Vishali Lakhanpal, Advocates, for the petitioner. Mr. Sikander Bhushan, Deputy Advocate General, for the respondents. CMP No.10465 of 2025 Following order was passed in this application on 29.05.2025:- Notice. Mr. Sikander Bhushan, learned Deputy Advocate General, waives service of notice on behalf of the respondents. In view of urgency expressed by learned Senior Counsel for the petitioner, list on 30.05.2025, to enable learned Deputy Advocate General to have instructions in the matter.” 2. Respondent-State has not placed on record any instructions in the matter despite the urgency pleaded by learned Senior Counsel for the petitioner as noticed in the above order. 3. According to learned Senior Counsel for the petitioner, the petitioner had participated in the Super- Specialty NEET/SS Examination, 2024. Pursuant thereto, he has been selected for undergoing Super Specialty course in DNBSS Neonatology in Kerala Institute of Medical Sciences, PB No.1, Anayara, Post Office Trivandrum, Kerala. The last date to join the aforesaid institute by the petitioner is 30.05.2025, i.e. today, extendable by one week. Petitioner’s grievance is that the respondents have not released his MBBS Degree. Therefore, prayer has been made in this application to direct the respondents to grant him No Objection Certificate (NOC) and release his MBBS Degree. 4. At this stage, learned Senior Counsel for the petitioner submitted that in similar situation, in CWP No.8990 of 2024 (Dr. Gauri Nakra Vs. State of H.P. & Ors.), an order was passed on 20.11.2024, giving liberty to the petitioner therein to join the medical college/hospital, where she had been offered fresh appointment/admission, subject to the decision of the writ petition. He prays for passing the same order in the instant case as well on the ground that the aforesaid order has been implemented by the State. The aforesaid order reads as under:- “CMP No.15115 of 2024 Primary prayer of the petitioner is to direct the respondents to release her original degree of MBBS, which has been retained by respondent No.2-the Director Health Services, Himachal Pradesh and to grant her No Objection Certificate for the purpose of going for higher studies. 2. The respondents have invoked the bonds executed by the petitioner for Rs.40 Lakhs to serve the State of Himachal Pradesh for a period of two years and also the PG/Super-Specialty Policy dated 27.02.2019 for opposing the prayer of the petitioner. According to the respondents, petitioner is bound to serve the State for a minimum period of two years including mandatory first year of field posting on completion of her Post- Graduation course as direct candidate. 3. According to the petitioner, the bond agreement executed by her with the respondents mandated only completing two years of service in the respondent-State, which she has fulfilled. That the PG/Super-Specialty Policy dated 27.02.2019 is not even per se applicable to her, though she has also completed two years field posting as Senior Resident in the new medical colleges opened in the State. The petitioner has placed reliance upon notification dated 24.12.2021, i.e. the Resident Doctor Policy, in support of her submissions. 4. Learned Senior Counsel for the petitioner pointed out that similar issue came up for consideration in Devesha Rathour Versus State of Himachal Pradesh & another1. The aforesaid writ petition was allowed with following operative directions:- “35. Accordingly, in view of the above discussion, this Writ petition is allowed. The act of the respondents of not issuing the No Objection Certificate to the petitioner to join the Super Specialty Course is held to be bad. Annexure P-14, dated 10.06.2024 is hereby quashed and set aside and the respondents are directed to issue No Objection Certificate to the petitioner and also release her original degree of MBBS, if not already released, to enable her to join the Super Specialty Course/DM/Mch in Plastic & Reconstructive Surgery in the Institute concerned.” Learned Senior Counsel further submits that the aforesaid directions stood already implemented. The petitioner therein has been issued No Objection Certificate by the respondents and her original degree of MBBS has also been released. Learned Additional Advocate General submits that the aforesaid decision has been assailed by the State in LPA No.310 of 2024, wherein, following order has been passed on 16.10.2024:- “1. We are informed that service could not be effected on the respondent as steps in that behalf were not triggered at the appropriate time. 2. Accordingly, on steps being taken within one (1) week, fresh notice shall issue to the respondent via all modes including email, returnable on 16.12.2024. 3. Since the instant appeal is pending, in case a contempt petition (COPC) is instituted, the learned Single Judge will stand over such petition beyond the date fixed in the appeal. 4. List on 16.12.2024” 5. In view of the above, at this stage, it is ordered that the petitioner would be at liberty to join the medical college/hospital, where she has been offered fresh appointment/admission. This, however, shall abide by the result of the writ petition. The application stands disposed of.” 5. Since the aforesaid interim direction has been implemented by the respondent-State and the present case 1 CWP No.5423 of 2024, decided on 07.08.2024 is also similar to the one in Dr. Gauri Nakra, supra, therefore, this application is disposed of with the order that the petitioner would be at liberty to join the Medical College/Hospital, where he has been offered admission. This shall, however, abide by the outcome of the writ petition. The application stands disposed of. CWP No.02 of 2025 List alongwith CWP No.8990 of 2024 on the date already fixed in the said matter. Jyotsna Rewal Dua May 30, 2025 Judge Mukesh