WPMS/1069/2018
2021 Latest Caselaw 2326 UK

 IN THE HIGH COURT OF UTTARAKHAND
              AT NAINITAL
                 ON THE 9th DAY OF JULY, 2021

                               BEFORE:

     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


           Writ Petition (M/S) No.1069 of 2018

BETWEEN:
  Dr. Apurva Rautela                                     .....Petitioner
       (None present)



AND:

     State of Uttarakhand & Ors.
                                                     .....Respondents

       (Mr. Pradeep     Hairiya,    Standing   Counsel   for   the    State   of
       Uttarakhand)




                             JUDGMENT

There is no representation for the petitioner. Heard Mr. Pradeep Hairiya, learned Standing Counsel appearing for the State of Uttarakhand through video conferencing.

2. After completing her M.B.B.S. Course, petitioner wanted to get admission in M.D. Microbiology Course. The respondents, however, were not issuing No Objection Certificate to the petitioner, which was needed by the petitioner for admission in P.G. medical course. Thus, feeling aggrieved, petitioner approached this Court, seeking the following relief:-

(i) Issue a writ, order or direction in the nature of mandamus directing the

respondents to issue No Objection Certificate in favour of the petitioner, in order to enable the petitioner to take admission in Post Graduate Medical Qualification Course in the MD Microbiology (Non Clinical Course) at Dr. RML IMS Lucknow Uttar Pradesh pursuant to the NEET-PG-2018 Examination and pursuant to the All India Seat Allotment after calling the entire records from the respondents.

3. A Coordinate Bench of this Court passed an order on 16.04.2018 whereby respondents were directed to issue a 'No Objection Certificate' to the petitioner forthwith so that the petitioner can get admission in M.D. Microbiology at Dr. RML IMS, Lucknow, subject to the condition that petitioner shall furnish an undertaking before the authority concerned that she will complete her five years of service as per the conditions of the bond, after completing PG medical course.

4. Since the only relief, as claimed in the writ petition, was to issue a NOC, which has been issued to the petitioner in terms of interim order passed by this Court, therefore, the relief as claimed does not survive.

5. Accordingly, writ petition is dismissed. However, it is made clear that petitioner shall be required to serve in the remote hill areas of the State of Uttarakhand for minimum period of five

years, as per conditions of the bond, if any, as executed by her while pursuing MBBS course.

6. No order as to costs.

(MANOJ KUMAR TIWARI, J.) Rajni