WPMS/1221/2018
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IN THE HIGH COURT OF UTTARAKHAND
           AT NAINITAL
            ON THE 14TH DAY OF JULY, 2021
                           BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
       Writ Petition (M/S) No. 1221 of 2018
BETWEEN:

Mashud Mohd Essar Husnain Khan
& others                       ...Petitioners
     (By Ms. Sudha, Advocate holding brief of Mr. Vinay
     Kumar, learned counsel for the petitioner)

AND:

State of Uttarakhand & others           ...Respondents

     (By Mr. Rakesh Kunwar, learned Additional C.S.C. for the
     State, Mr. Rajendra Dobhal, Senior Advocate appearing
     for respondent no. 3 and Mr. Sushil Kumar, Advocate
     holding brief of Mr. Shailendra Nauriyal, learned counsel
     for respondent no. 4)


                       JUDGMENT

1. Petitioners were allotted seat in Post Graduate Medical Course in Shri Guru Ram Rai Institute of Medical and Health Sciences.

2. By means of this writ petition, petitioners have sought following relief:-

(i) Issue a writ, order or direction in the nature of mandamus directing the respondent no. 3 to forthwith grant the admission to the petitioners on the fee fixed by Fee Regulatory Committee and further directing respondent no. 3 to adhere to the provisions laid down in Uttarakhand Unaided Private Professional Education Institute (Regulation of Admission and Fixation of Fee) (Amendment) Act, 2010.

(ii) Issue a writ or order or direction in the nature of mandamus directing the respondent no. 3 to grant the admission to the

petitioners on the same Consent For Admission form as has been given to the candidates selected after first round of counseling.

3. A coordinate Bench of this Court vide order dated 01.05.2018 directed the Medical College concerned that petitioner shall not be coerced to sign any undertaking regarding fee.

4. Since petitioners were granted admission in terms of the interim order, without requiring them to sign any undertaking, therefore, the relief, as claimed in the writ petition, does not survive.

5. Accordingly, writ petition fails and is hereby dismissed. No order as to costs.

(MANOJ KUMAR TIWARI, J.) Aswal