WPMS/1034/2018
2021 Latest Caselaw 2426 UK

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. 1034 of 2018
BETWEEN:

Dr. Cheni 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. Rakesh Kunwar, learned Additional C.S.C. for the
     State and Mr. N.S. Pundir, learned counsel for
     respondent no. 3)


                      JUDGMENT

1. By means of this writ petition, petitioner has challenged a condition in the No Objection Certificate issued by Director, Medical, Health & Family Welfare, Uttarakhand on 17.03.2018, which provides that the said No Objection Certificate shall be applicable only for admission in Post Graduate Clinical Courses.

2. A coordinate Bench of this Court, vide order dated 12.04.2018, had directed the respondents to consider candidature of the petitioner for all subjects, but purely in accordance and subject to the merit of the petitioner.

3. Ms. Sudha Tamta, learned counsel for the petitioner submits that pursuant to the interim order of this Court, petitioner was admitted in a Post Graduate Medical Course of her choice, and now she has completed her Post Graduate Medical Course.

4. Since challenge thrown in the writ petition was to a condition in the No Objection Certificate and since petitioner has already completed the Post Graduate Medical Course of her choice, in terms of interim order of this Court, therefore, the relief, as claimed in the writ petition, does not survive.

5. Accordingly, writ petition fails and is hereby dismissed. However, petitioner shall be liable to serve for the period indicated in the bond, if any, executed by her.

(MANOJ KUMAR TIWARI, J.) Aswal