WPMS/853/2018
2021 Latest Caselaw 2387 UK

IN THE HIGH COURT OF UTTARAKHAND
                     AT NAINITAL
           ON THE 13TH DAY OF JULY, 2021
                           BEFORE:
       HON'BLE SHRI JUSTICE MANOJ K. TIWARI

       Writ Petition (M/S) No. 853 of 2018
BETWEEN:
Dr. Arshi Khan                 ... Petitioner
       (By Ms. Sudha, Advocate holding brief of Mr. Vinay
       Kumar, learned counsel for the petitioner)

AND:
State of Uttarakhand & others ... Respondents
       (By Mr. T.S. Phartiyal, Additional C.S.C.)


                         JUDGMENT

1. By means of this writ petition, petitioner has sought following reliefs:-

(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 participate in the Counseling which has started from 25th March, 2018 as well as for admission in Post Graduate Medical Qualification Courses MD/MS/Post Graduate Diploma Course pursuant to the NEET-PG-2018 Examination.

2. From perusal of the writ petition, it is apparent that petitioner wanted admission in Post Graduate Medical Course for which she needed a 'No Objection Certificate'. Since respondents were not issuing 'No Objection Certificate', as petitioner had executed a bond that she will serve in the State of Uttarakhand for a minimum period of five years, therefore, petitioner filed this writ petition.

3. Coordinate Bench of this Court vide order dated 03.04.2018 directed the respondents to issue a 'No Objection Certificate' to the petitioner so that she may get admission in the Post Graduation Course. However, a condition was added in the said order that petitioner shall furnish undertaking before the concerned authority that she will complete her five years of service, after completing her Post Graduation Course.

4. Petitioner has sought 'No Objection Certificate' for admission in Post Graduate Course during the Academic Session 2018-19. More than three years have gone by since filing of the writ petition. Pursuant to interim order of this Court, 'No Objection Certificate' has been issued to the petitioner and this Court can take judicial note that petitioner would have completed her Post Graduate Course.

5. In such view of the matter, there is no point in keeping this writ petition pending.

6. Accordingly, writ petition is dismissed. However, petitioner shall abide by the undertaking, given by her, pursuant to the interim order dated 03.04.2018.

(Manoj Kumar Tiwari, J.) Aswal