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2026 DAILYLAW 4944 (HP)

SHYAM CHANDRAN v. THE STATE OF HP AND OTHERS

CWP/20930/2025 · 2026-01-05

Gurmeet Singh Sandhawalia, Jiya Lal Bhardwaj

body2026

Judgment text

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1 2026:HHC:1255 IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWP No. 20930 of 2025 Date of decision: 05.01.2026 ________________________________________________________ Shyam Chandran …..Petitioner Versus State of HP & others ...Respondents ________________________________________________________ Coram: The Hon’ble Mr. Justice G.S. Sandhawalia, Chief Justice. The Hon’ble Mr. Justice Jiya Lal Bhardwaj, Judge. Whether approved for reporting?1 ________________________________________________________ For the Petitioner: Mr. Ganesh Barowalia, Advocate. For the Respondents: Mr. Rakesh Dhaulta, Additional Advocate General. G.S. Sandhawalia , Chief Justice (Oral) On 31.12.2025, we had passed a detailed order giving background of the case, which reads as under;- “The present writ petition has been filed for grant of provisional permission by the petitioner to produce and submit the original MBBS Degree and other academic documents in continuation 1 Whether the reporters of Local Papers may be allowed to see the judgment? 2 of higher medical education in the INI-SS DM/M.Ch Course in Anaesthesiology. The requirement as such was on account of the fact that LPA No.285 of 2025 filed by the State is already pending before this Court, in which, the order of learned Single Judge passed in CWP No.6521 of 2025, decided on 28.05.2025 was subject matter of consideration. The petitioner was arrayed as petitioner No.24 in the said writ petition, whereby directions had been issued by the learned Single Judge that since the relevant posting order had not been issued within one month, therefore, the candidate as such was not bound by the condition of the bond given by them. The said order was stayed in LPA No.285 of 2025 on 06.06.2025 (Annexure P-4) by noticing the controversy and the background. It is also not disputed that the said order was also challenged in SLP(C) No.16804 of 2025 titled Priya and others vs. State of Himachal Pradesh before the Apex Court unsuccessfully and the SLP was dismissed on 23.06.2025 and the present petitioner was one of the parties before the Apex Court. Now, on account of the fact that having sat in the examination which has been conducted for the Super Speciality Course on 22.11.2025, in which admission is sought, he has ranked 9th of the common merit list for 3 DM/M.Ch Course in Anaesthesiology and the last date for submission of form is 06.01.2026. It is not disputed that the petitioner has also moved a representation dated 23.12.2025 (Annexure P-9) to the respondents for the said benefit to take provisional permission for taking admission in the said Course and for return of the original documents. An affidavit has now been filed by giving an undertaking that he would serve the State for two years as per the bond condition already executed after he pursues the three years in Super Specialty Course in DM/M.CH-Cardiac Anaesthesiology and would serve the State, after completion of his higher education and the posting order be issued within six months from the date of such reporting. It has further been undertaken that if he does not fulfill the bond condition as per Notification dated 08.03.2019, he shall be liable for contempt and would abide by the final outcome of the LPA No.285 of 2025.” 2. Since the State has rejected the case of the petitioner, we do not find any plausible reason as such to continue with the present proceedings. In case the 4 petitioner wishes to challenge the said order, he may do so by filing appropriate proceedings. 3. Pending application(s), if any, also stands disposed of. (G.S. Sandhawalia) Chief Justice. January 05, 2026 (Jiya Lal Bhardwaj) (hemlata) Judge.