Doctors are not slaves: Himachal high court
'The public interest in retaining manpower cannot override the individual's right to professional advancement,' ruled Himachal Pradesh high court (HC), while directing state government to issue a No Objection Certificate (NOC) to a doctor for pursuing a super specialty course.
Disposing of petition filed by Dr Pankaj Sharma, who challenged the rejection of his request for an NOC to pursue a DNB SS Medical Oncology course under the All India Quota, justice Sandeep Sharma quoted order of division bench from another petition: 'Doctors are not slaves and cannot be compelled to serve against their wishes if they are willing to forfeit bond money.'
Advocate general Anup Rattan had argued that the state was facing an acute shortage of medical officers and could not afford to relieve specialists. Unimpressed by the submission, the court said: 'No doubt, this court cannot lose sight of the fact that there is a shortage of doctors in the state but that cannot be sole ground to stop progression of individual who, after his PG course, wants to do super specialty, that too at his own expense.'
'Needless to say, once bond money is deposited, person concerned cannot be compelled to work against his wishes,' read the HC order.
Dr Sharma, currently posted as senior resident at Pt Jawahar Lal Nehru Government Medical College, Chamba, had completed his post-graduate degree in radiotherapy and was selected for a super specialty seat at Paras Hospital, Punjab. However, his application for NOC was denied by the director of health services on May 26 on the ground that he had not completed the mandatory one-year field posting after PG.
Setting aside the order denying him NOC, the court directed the state to issue the NOC subject to his depositing ₹40 lakh as bond amount within a week and submitting a written undertaking that he would return to serve the state for five years after completing his course.
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Hindustan Times
a day ago
- Hindustan Times
Doctors are not slaves: Himachal high court
'The public interest in retaining manpower cannot override the individual's right to professional advancement,' ruled Himachal Pradesh high court (HC), while directing state government to issue a No Objection Certificate (NOC) to a doctor for pursuing a super specialty course. Disposing of petition filed by Dr Pankaj Sharma, who challenged the rejection of his request for an NOC to pursue a DNB SS Medical Oncology course under the All India Quota, justice Sandeep Sharma quoted order of division bench from another petition: 'Doctors are not slaves and cannot be compelled to serve against their wishes if they are willing to forfeit bond money.' Advocate general Anup Rattan had argued that the state was facing an acute shortage of medical officers and could not afford to relieve specialists. Unimpressed by the submission, the court said: 'No doubt, this court cannot lose sight of the fact that there is a shortage of doctors in the state but that cannot be sole ground to stop progression of individual who, after his PG course, wants to do super specialty, that too at his own expense.' 'Needless to say, once bond money is deposited, person concerned cannot be compelled to work against his wishes,' read the HC order. Dr Sharma, currently posted as senior resident at Pt Jawahar Lal Nehru Government Medical College, Chamba, had completed his post-graduate degree in radiotherapy and was selected for a super specialty seat at Paras Hospital, Punjab. However, his application for NOC was denied by the director of health services on May 26 on the ground that he had not completed the mandatory one-year field posting after PG. Setting aside the order denying him NOC, the court directed the state to issue the NOC subject to his depositing ₹40 lakh as bond amount within a week and submitting a written undertaking that he would return to serve the state for five years after completing his course.
United News of India
a day ago
- United News of India
Himachal HC quashes NOC rejection, allows doctor to join Super Specialty Course
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