IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA LPA No.10 of 2025 Decided on: 10.01.2025 Dr. Shrish Nalin ...Appellant Versus State of H.P. & others ...Respondents Coram Hon'ble Mr. Justice G.S. Sandhawalia, Chief Justice Hon’ble Mr. Justice Satyen Vaidya, Judge Whether approved for reporting? For the appellant: Mr. Suneel Awasthi, Advocate. For the respondents: Mr. Gobind Korla, Additional Advocate General, for respondents No.1 to 3. Mr. Balram Sharma, Deputy Solicitor General of India with Mr. Rajiv Sharma, Advocate, for respondent No.4. G.S. Sandhawalia Chief Justice (Oral) The present Letters Patent Appeal is directed against the order of the learned Single Judge in CWP No.9357 of 2024, which was dismissed on 17th December, 2024 by holding that the appointment of the petitioner had been correctly rescinded by AIIMS Bilaspur-respondent No.4 as the petitioner was not able to join the offered post within the stipulated period. It was noticed that the application had been made for appointment to the post of Associate Professor, Department of Neurosurgery during the bond 2 period without paying the bond amount and in spite of having undergone Superspeciality Course as a sponsored candidate of the Government of Himachal Pradesh in his capacity while serving as employee of the State. The necessary No Objection Certificate had not been taken and he had participated in the selection process only on the strength of NOC issued provisionally on the directions passed by the Court. 2. The argument raised that the bond period was over at the time when the matter was being decided was also accordingly rejected keeping in view the fact that the petitioner is unwilling to pay the bond amount to the State. The order under challenge dated 26th July, 2024 (Annexure P-14) wherein respondent No.4 notices that the petitioner had failed to join the offered post within the stipulated period and even after extension of joining time then the appointment letter dated 10th November, 2023 had been treated as cancelled. 3. It is not disputed that the bond as such was entered into on 26.08.2024 (Annexure P-13), which was for a period of five years and the appellant had undertaken as 3 such to pay Rs.40,00,000/- as he has agreed to serve the Government of Himachal Pradesh in the Health and Family Welfare Department for a period of not less than five years after successful completion of three years course of Superspeciality. 4. Consideration for appointment had been sought prior to the expiry of bond period as the appointment letter is dated 10th November, 2023 (Annexure P-9). Respondent No.4 as per Clause 18 of the appointment letter had provided that the petitioner has to join as early as possible but not later than 30 days from the issue date of offer letter, failing which the offer of appointment may be treated as cancelled. 5. In such circumstances, we are of the opinion that the order of the learned Single Judge does not suffer from any infirmity or illegality which warrants interference. 6. We had also put it to respondent No.4 as to whether the said respondent is still willing to reconsider the offer of appointment to the appellant. Respondent No.4 has informed that fresh advertisement has been issued on 24th December, 2024 after the judgment was passed. Mr. Balram Sharma, learned Deputy Solicitor General of India, has now 4 informed us that as per instructions/letter issued by the Deputy Director. The reasons as such for not reconsidering have been mentioned and the fact that there are instructions dated 09.08.2017 that such an offer of appointment would lapse if the candidate did not join within the specified period and the maximum period of such offer is six months, which has already been given to the petitioner. It has been mentioned that the other candidates would have become eligible and therefore, the present appellant was free to apply as a fresh candidate in response to the said advertisement. 7. Resultantly, we do not find any plausible reason to interfere with the order passed by the learned Single Judge. Accordingly, the appeal is dismissed along with pending application(s), if any. ( G.S. Sandhawalia ) Chief Justice ( Satyen Vaidya ) Judge January 10, 2025 (vt)