WPMS/941/2018
2021 Latest Caselaw 2564 UK

 IN THE HIGH COURT OF UTTARAKHAND
                         AT NAINITAL
            ON THE 23RD DAY OF JULY, 2021
                                BEFORE:
     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI

            Writ Petition (M/S) No. 941 of 2018


BETWEEN:
       Dr. Soni Singh.                                   ....Petitioner
       (There is no representation for the petitioner)


AND:
       State of Uttarakhand & others.....Respondents
        (By Mr. Devesh Ghildiyal, Brief Holder for the State of Uttarakhand)



                                 JUDGMENT

Heard learned counsel for the parties through video conferencing.

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

"i) Issue a writ order or direction in the nature of mandamus directing the respondent no. 2 to forthwith grant No-Objection certificate to the petitioner forthwith so as to enable her to get a Post Graduate seat allotted to her in Physiology from the King George's Medical University, Chowk, Lucknow, on the undertaking of the petitioner that she will complete the remaining period (in terms of the Surety Bond signed at time of admission in MBBS Course).

ii) Issue a writ order or direction in the nature of mandamus directing the respondent no. 3 to forthwith return her Original Certificates submitted by the petitioner at the time of her admission in V.C.S.G.G.M.S. & R.I. Srinagar, Pauri Garhwal."

3. A Coordinate Bench of this Court passed an interim order on 09.04.2018, which is reproduced below:-

"3. In view thereof, as an interim measure, it is directed that respondent No.2 shall issue a provisional "No Objection Certificate" to the petitioner forthwith so that the petitioner can take admission in Post Graduation Course in Physiology in the King George's Medical University, Lucknow, provided the petitioner furnishes an undertaking before the authority concerned that she will complete five years of service after completing her Post Graduation course.

4. As far as original certificates of the petitioner are concerned, the respondent No.3 - Principal, Veer Chandra Singh Garhwali Government Institute of Medical Science and Research, Srinagar, Pauri Garhwal shall give the original certificates to the petitioner on an undertaking given by the petitioner that she shall return the original certificates with the Principal, Veer Chandra Singh Garhwali Government Institute of Medical Science and Research, Srinagar, Pauri Garhwal within a period of two months thereafter."

4. Since petitioner had applied for admission in P.G. Medical Course during academic session 2018-19, therefore, the reliefs as claimed in the writ petition, cannot be granted after three years in the year 2021.

5. Even otherwise also, in terms of the interim order, the desired documents would have been supplied to the petitioner and she must have completed her P.G. Medical Course by now.

6. In such view of the matter, writ petition is disposed of.

(MANOJ KUMAR TIWARI, J.) Navin