Divya Garg Vs State of Hp and Others

Even though the respondents have not filed reply to the writ petition, however, with the consent of learned counsel for the parties, the matter is heard at this stage.

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2. This writ petition has been filed for the grant of following substantive reliefs:-

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“(a). Quash and set aside the letter dated 03.06.2026 issued by the Secretary Health whereby the Secretary Health has rejected the request of the petitioner for pursuing Higher Education and granting her original certificates and NOC for the same in the field of Critical Care Medicine.

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1 Whether reporters of print and electronic media may be allowed to see the order? Yes.

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(b). After quashing and setting the Annexure letter dated 03.06.2026 of the Secretary Health, the request of the petitioner for permission to allow the petitioner to pursue her Super Specialisation be allowed and the respondents be directed to immediately give the petitioner the Original Certificates, NOC and all other documents required by the petitioner which are to be produced at the time of counselling at PGIMER Chandigarh/AIIMS New Delhi which likely to be held within two to three days.”

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3. A detailed order was passed in this writ petition

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on 05.06.2026 that noticed the grievance of the writ petitioner and also issued directions to the respondents as

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under:-

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“Notice. Ms. Seema, Sharma, learned Deputy Advocate General, appears and waives service of notice on behalf of respondents.

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The petitioner was appointed as Medical officer (Specialist) in Dr. Yashwant Singh Parmar Government Medical College, Nahan, District Sirmour, Himachal Pradesh on 17.04.2025. Petitioner’s case is that she appeared in the examination of Indian Institute of National Importance and Super Specialization DM/MCH course on 25.04.2026. Petitioner was interviewed online for the said course on 20.05.2026. Result was declared on 30.05.2026, whereas she secured All India Rank 05 as direct candidate in Critical Care Medicine. Petitioner now seeks No Objection Certificate from the respondents for appearing in the counselling stated to be scheduled now.

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Learned Deputy Advocate General has placed on record office instructions from Secretary (Health) to Government of Himachal Pradesh and on that basis submits that petitioner has to serve the State for a period of two years including one year mandatory field posting. Petitioner has served the State as on date only for 13 months and 20 days; As per Clause 11.1.2. (b) of PG/SS Course, 2019, those candidates who had initially joined as direct candidates but subsequently turned GDO or those who had joined GDOship after

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3

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doing PG from elsewhere shall be considered for sponsorship to Super Specialty Courses subject to the condition that GDO should be regular and should have served the State for at least three years including one year mandatory field posting.

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Learned counsel for the petitioner relied upon order dated 12.04.2022 passed in CWP No. 2260/2022 (Dr. Vinay Bhardwaj versus The State of H.P and another) as also, the decision rendered in the aforesaid case on 20.11.2024. Learned counsel further submits that aforesaid orders has been implemented by the respondents.

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Besides issuance of No Objection Certificate, prayer has also been made for releasing original M.B.B.S degree of the petitioner that was stateldy deposited with respondent No.2 at the time of joining as Medical Officer (Specialist), in order to participate in the counselling. Learned counsel submits that petitioner undertakes to return these original certificates/degree back to respondent No.2 within a week of counselling.

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Keeping in view the grievance of the petitioner and the urgency pointed out, the respondents are directed to issue provisional No Objection Certificate to the petitioner for appearing in the counselling for the course in question. The No Objection Certificate be provided by 5:00 P.M on 06.06.2026. The original documents of the petitioner relating to M.B.B.S degree statedly lying with respondent No.2 be also released to her within aforesaid period. The petitioner shall furnish an undertaking in the form of an affidavit during the course of the day, today that the original M.B.B.S degree released to her by the respondents shall be deposited back within a week of counselling. The above issuance of provisional No Objection Certificate by the respondents in favour of the petitioner shall be subject to the final outcome of the writ petition and will not create any equities much less to any right in her favour.

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Reply be filed within three weeks.

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List on 10.07.2026.”

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4. Learned Assistant Advocate General has placed

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on record office instructions dated 15.07.2026 from the

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Director Health Services, Himachal Pradesh, inter alia , conveying that the aforesaid order dated 05.06.2026 has been complied with. The petitioner had furnished an undertaking on 28.06.2026 to serve the State of Himachal Pradesh for the remaining bond period of ten months on completion of her Super Speciality Course as per the bond condition submitted by her at the time of PG (MD) admission as per the PG/SS policy dated 27.02.2019. Petitioner has undertaken to serve the State, failing which the Director Health Services, Himachal Pradesh shall be at liberty to encash her undated cheques of Rs.40 Lakhs in case of her not reporting in his office on completion of Super Speciality course strictly in accordance with & commensurate with her Super Speciality qualification as per the requirement of the State Government after completion of her higher education for the requisite period as mentioned above and also to fulfil all the bond conditions under notification dated 27.02.2019.

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The office instructions also acknowledge that the petitioner had furnished the original MBBS degree back to the Director Health Services, Himachal Pradesh in terms of order dated 05.06.2026.

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5. In view of above, this writ petition is disposed of

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by making the order dated 05.06.2026 absolute. The petitioner shall abide by the undertaking given by her to the respondents, failing which, all consequences in law shall follow. Pending miscellaneous application(s), if any, also stand disposed of.

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July 16, 2026 Mukesh

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Jyotsna Rewal Dua Judge

Divya Garg v. State of Hp and Others

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Divya Garg v. State of Hp and Others

Case brief

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