2025:HHC:33489 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.14665 of 2025 Date of Decision: 22.9.2025 _______________________________________________________ Dr. Shikha Bhatia …….Petitioner Versus State of Himachal Pradesh and Anr. … Respondents _______________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Mr. Onkar Jairath, Advocate. For the Respondents: Mr. Anup Rattan, Advocate General with Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, Additional Advocates General and Mr. Ravi Chauhan, Deputy Advocate General. __________________________________________________________ Sandeep Sharma, Judge(oral): By way of instant petition, petitioner has prayed for following main reliefs: “i) That this Hon’ble Court may graciously be pleased to issue a writ in the nature of Mandamus or any other appropriate writ, order or direction, directing the Respondents to adjust/post the Petitioner in any State Medical College/Institute duly equipped with the requisite machinery in her specialized stream, and more specifically at Dr. Rajendra Prasad Govt. Medical College & Hospital, Kangra at Tanda, District Kangra, where admittedly 5 posts of medical Officer (Specialist) in Radiology are lying vacant. In the alternative, in case the Respondents are not inclined to accommodate the Petitioner in any well-equipped medical college/hospital where her expertise can be gainfully utilized, she may kindly be permitted to withdraw the undertaking furnished before this Hon’ble Court and further be permitted to submit her unconditional resignation without being fastened with any liability.” 2. Precisely, the facts of the case as emerge from the pleadings adduced on record by the respective parties are that petitioner after completion of MD (Radio-Diagnosis) under All India Quota from IGMC 1Whether the reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:33489 Shimla, was appointed as Medical Officer on contract basis on 29.7.2020. On15.10.2022, services of the petitioner were regularized by the respondent department. On 28.7.2022, petitioner completed bond service within two years mandatory peripheral services. On 22.3.2022, petitioner joined as Senior Resident at Dr. Rajendra Prasad Govt. Medical College & Hospital, Kangra at Tanda, District Kangra ( in short “ Medical College Tanda” ). 3. On 5.8.2023, petitioner made an application to the respondents for issuance of NOC, enabling her to appear in Post Doctoral Fellowship in Women’s Imaging in Department of Diagnostic and Interventional Radiology in AIIMS Jodhpur, however such prayer of the petitioner was rejected vide communication dated 22.8.2023 on the ground that there is acute shortage of radiologist in the State of Himachal Pradesh. In the aforesaid background, petitioner approached this Court by way of CWP No. 6431 of 2023, titled as Dr. Shika Bhatia v. State of Himachal Pradesh and Ors., which came to be disposed of vide Judgment dated 19.9.2023 (Annexure P-12), whereby this court while quashing and setting aside communication dated 22.8.2023, directed the Secretary (Health) to the Government of Himachal Pradesh to grant NOC to the petitioner forthwith, latest by 1:00 pm, enabling her to join the Fellowship Programme at AIIMS, Jodhpur, which shall be subject to her furnishing of undertaking to the effect that after her having completed course, she would serve the State of Himachal Pradesh for minimum period of three years and during fellowship period, she will not claim any salary from the State of Himachal Pradesh. 3 2025:HHC:33489 4. Pursuant to aforesaid direction issued by this Court, petitioner came to be issued NOC, as a result thereof, she joined Fellowship programme at AIIMS Jodhpur. 5. After her having completed Fellowship Programme at AIIMS Jodhpur, petitioner joined back in the office of Director, Department of Health and Family Welfare, Shimla (Annexure P-18). Though as per undertaking given to this court as well as respondents, petitioner after having completed Fellowship Programme, reported at Medical College Tanda, but surprisingly her joining was not accepted and as such, she gave her joining at Director Health Services, Himachal Pradesh at Shimla. Subsequently, petitioner came to be posted at Civil Hospital, Theog, vide order dated 25.8.2025 (Annexure P-19). In the aforesaid background, petitioner has approached this Court in the instant proceedings, praying therein for reliefs as have been reproduced herein above. 6. Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. Onkar Jairath, learned counsel for the petitioner is that though pursuant to undertaking given to this Court as well as to State Government, petitioner after completion of Doctoral Fellowship is under obligation to serve the State of Himachal Pradesh, but keeping in view her expertise, coupled with the fact that at the time of grant of NOC, she was working as Senior Resident at Medical College Tanda, she ought to have been given posting at Medical College Tanda. Mr. Jairath, vehemently argued that though petitioner is expert in Mammography, which facility is only available at Medical Colleges, but yet petitioner has been given posting in Civil Hospital Theog, where no such 4 2025:HHC:33489 facility exists. He further submitted that expert services of the petitioner are otherwise required to be utilized in specialized hospitals because no fruitful purpose would be served by posting an expert doctor in Civil Hospital, where there is no specialized facility. 7. Having regard to the nature of controversy coupled with the fact that this court in past had an occasion to deal with case at hand, this Court passed order dated 10.9.2025, which reads as under: “Notice. Mr. Rajan Kahol, learned Additional Advocate General, appears and waives service of notice on behalf of respondents/State. He prays for and is granted ten days’ time to file reply. 2. Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. Onkar Jairath, learned counsel representing the petitioner is that petitioner herein, who was granted NOC/permission to undergo fellowship programme at AIIMS, Jodhpur, vide judgment dated 19.09.2023 passed by this Court in CWP No.6431 of 2023, tilted as Dr. Shikha Bhatia Vs. State of H.P. and Others (Annexure P-12), was required to complete her Senior Residency, after completion of aforesaid fellowship programme, but she has been transferred and posted at Civil Hospital, Theog. 3. While referring to communication dated 21.07.2025, issued under the signatures of Principal, RPGMC, Tanda, addressed to Director, Health Services, Mr. Jairath submitted that otherwise also, Principal of Dr. RPGMC, Tanda, while reminding Director, Health Services, that petitioner is yet to complete her Senior Residency, also requested to not post out the petitioner in another Institution, because of heavy workload in the Department of Radiology at Dr. RPGMC, Tanda. As per aforesaid communication, only three Senior Residents are working against eight sanctioned posts, as a result thereof, people who require expert services are suffering. 4. Having carefully perused judgment dated 19.09.2023 passed this Court, coupled with the communication dated 21.07.2025, issued by Principal, RPGMC, Tanda, prima facie this Court is of the view that 5 2025:HHC:33489 petitioner, immediately after having completed fellowship programme at AIIMS, Jodhpur, ought to have been given opportunity to complete her Senior Residency at Dr. RPGMC, Tanda and as such, at this stage, deems it fit to direct respondents to consider and decide the pending representation of the petitioner (Annexure P-29), in light of observations made hereinabove on or before the next date of hearing. List on 22.09.2025.” 8. Pursuant to afore order, though respondents decided the representation of the petitioner but again posted her at Civil Hospital Theog. 9. Though no detailed reply to the petition has been filed, but while placing on record copy of office order dated 20.9.2025, issued under the signature of Secretary (Health) to the Government of Himachal Pradesh, Mr. Rajan Kahol, learned Additional Advocate General, states that since at the time of passing of judgment dated 19.9.2023 (CWP No. 6431 of 2023), petitioner had given an undertaking that she after having completed Doctoral Fellowship Programme shall serve the State of Himachal Pradesh, coupled with the fact that after having completed afore Fellowship Programme, she failed to join the services back well within time, petition filed by the petitioner deserves to be dismissed. Mr. Kahol, while referring to the undertaking submitted by the petitioner in CWP 6431 of 2023, vehemently argued that once petitioner had given undertaken to serve any part of the State of Himachal Pradesh, she cannot refuse to work in Civil Hospital, Theog, where sufficient machinery for the Department of Radiology is available. He further states that at no point of time, petitioner ever claimed that she be permitted to complete her Senior Residency at Medical College Tanda. While referring to afore judgment dated 19.9.2023 (Annexure P-12), Mr. Kahol submitted that in operative part, it never came 6 2025:HHC:33489 to be ordered by this Court that after petitioner’s having passed Doctoral Fellowship Programme, she shall be joining as Senior Resident at Medical College Tanda, rather this Court specifically ordered that petitioner after having completed the course in question shall serve the State of Himachal Pradesh for at least three years. 10. I have heard learned counsel for the parties and gone through the records of the case. 11. Careful perusal of Judgment passed in CWP 6431 of 2023, titled Shikha Bhatia v. State of Himachal Pradesh and Ors. clearly reveals that this court after having taken note of the contention raised at the behest of the petitioner that after completion of Doctoral Fellowship Programme at AIIMS Jodhpur, she shall join back at Medical College Tanda and serve the State for remaining period of Senior residency, allowed the petition with the direction to the respondents to grant her NOC. Now after her having completed course at AIIMS Jodhpur, petitioner firstly submitted her joining at Medical College Tanda, but same was not accepted, as such, she submitted her joining in the office of Director (Health Services). To the utter surprise of the petitioner, she was given posting at Civil Hospital, Theog. Though pursuant to posting order, petitioner joined at Civil Hospital, Theog on 1.9.2025, but she has approached this Court in the instant proceedings, seeking direction to the respondents to permit her to complete her Senior Residency or give her posting in a hospital where adequate facilities in the department of Radiology are available so that her expertise is put to use for the public at large. 7 2025:HHC:33489 12. During the course of the arguments, Mr. Onkar Jairath, learned counsel for the petitioner, on instructions, submitted that in case, respondents are not interested in giving her posting in Medical College Tanda or some other medical college, she be permitted to leave the job because she has already completed her normal tenure. It is not in dispute that petitioner has already completed her bond period, whereafter this court vide judgment dated 19.9.2023, passed in CWP 6431 of 2023, directed the respondents to grant NOC, enabling her to join Doctoral Fellowship Programme. 13. Though Sh. Rajan Kahol, vehemently argued that while passing afore judgment in afore CWP, it never came to be ordered that petitioner after having completed course at AIIMS Jodhpur, would join back at Medical College Tanda, rather she gave undertaking that she shall serve the State of Himachal Pradesh, it would be apt to take note of paras 11 to 13 of the judgment passed in afore judgment, which read as under: “11. Learned counsel for the petitioner, on instructions, states that as and when course at AIIMS Jodhpur is completed, petitioner would join back at Dr. Rajindra Prasad Government Medical College, Tanda and serve the State for remaining period of Senior Residency. 12. Apart from above, this court finds that the petitioner is ready and willing to give up her salary during such course, as such, no prejudice would be caused to the respondent State in case, the petitioner is permitted to join AIIMS Jodhpur for undergoing post doctor fellowship in Women’s Imaging in Department of Diagnostics and Intervening Radiology. 13. This court has been informed that after having received aforesaid qualification from AIIMS Jodhpur, petitioner would be first Doctor to have such qualification in the State of Himachal Pradesh. In case the petitioner is permitted to join course detailed herein 8 2025:HHC:33489 above, at AIIMS jodhpur, that too at her own expense, no prejudice will be caused either to the respondents or public at large, rather, after completion of course, public of State of Himachal Pradesh would be benefited.” 14. If the aforesaid judgment dated 19.9.2023, is read in its entirety, it can be safely concluded that very reason for this Court to direct the respondents to grant NOC to the petitioner, enabling her to join the specialized course at AIIMS, Jodhpur, was to ensure that expertise, if any, acquired by the petitioner at AIIMs Jodhpur, is put to use in the State of Himachal Pradesh. In para 11 of the afore judgment, this Court specifically took note of statement made by learned counsel for the petitioner that as and when course at AIIMS Jodhpur is completed, petitioner would join back at Medical College Tanda and serve the State for remaining period of Senior Residency. Afore statement made by learned counsel for the petitioner weighed heavily with this court while passing judgment dated 19.9.2023. No doubt, in operative part, this Court only mentioned that NOC, if any, shall be subject to undertaking that after having completed the course, she would serve the State of Himachal Pradesh for a minimum period of three years and during fellowship, she will not claim any salary from State of Himachal Pradesh, but once at the time of grant of NOC, petitioner was pursuing her Senior Residency at Medical College Tanda and one year and six months are left for completion of the same, it is expected from the respondents to post the petitioner at Medical College Tanda, enabling her to complete her Senior Residency so that in future, she could become eligible for the post of Assistant Professor. However, interestingly, in the case at hand, respondents in the name of undertaking, gave her posting at Civil Hospital Theog. 9 2025:HHC:33489 15. No doubt, being a doctor, petitioner is expected to serve in any part of the State of Himachal Pradesh, but once it is not in dispute that petitioner is yet to complete her Senior Residency coupled with the fact that she has acquired special knowledge on account of her having done Doctoral Fellowship Programme from AIIMS Jodhpur, this Court is of the view that expertise acquired by the petitioner from above fellowship programme, can be used in a college/hospital, where adequate facility in the Department of Radiology is available. Though as per learned Additional Advocate General, X-Ray machine is available in Civil Hospital, Thoeg, but that could not be a ground for the respondents to post the petitioner at Theog, rather at the first instance, she was required to be given posting at Medical College Tanda, enabling her to complete her Senior Residency, and thereafter, she could be posted in one of such hospitals, where adequate facility of her expertise is/ was available. 16. Though it is sole prerogative of an employer to post an employee to a particular station, but certainly, an employee having expertise in one particular subject cannot be posted at a station where such expertise is not required or infrastructure of that standard is not available. Needless to say, Medical College Tanda is part of State of Himachal Pradesh and in case petitioner is ready and willing to serve in afore institution, no prejudice, if any, shall be caused to State of Himachal Pradesh, rather public at large of the State would be benefited from the expertise of the petitioner, who after having acquired special knowledge in Mammography can be of big help to number of patents of breast cancer or such other related dieses. 10 2025:HHC:33489 17. Leaving everything aside, this court is of the view that once this court while granting NOC vide judgment dated 19.9.2023, had recorded undertaking of the learned counsel for the petitioner that after having completed Doctoral Fellowship Programme, petitioner would complete her Senior Residency at Medical College Tanda and she would serve the State for three years, there appears to be no reason for the respondents to post the petitioner in Civil Hospital Theog. No doubt, doctor at Civil Hospital Theog is also required, but for that purpose, department could have posted any doctor having requisite knowledge of Radiology. 18. Consequently, in view of the above, present petition is allowed and order 25.8.2025 (Annexure P-19) is quashed and set-aside qua the petitioner and respondents are directed to post the petitioner at Medical College Tanda, enabling her to complete remaining part of Senior Residency. Needless to say, after her having completed Senior Residency, she, as per undertaking given to this court, petitioner shall serve the State of Himachal Pradesh for three years. 19. In the aforesaid terms, present petition is disposed of alongwith pending applications, if any. (Sandeep Sharma), Judge September 22, 2025 manjit