WPMS/1165/2021
2021 Latest Caselaw 2138 UK

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                                  WPMS No. 1165 of 2021
                                  Hon'ble Manoj Kumar Tiwari, J.

Mr. Sandeep Tiwari, Advocate for the petitioner.

Mr. T.S. Phartiyal, learned Additional C.S.C. for the opposite parties.

Petitioner is aggrieved by the demand notice, whereby she has been asked to deposit a sum of ₹32,86,591/-.

Petitioner pursued MBBS Course from Veer Chandra Singh Garhwali, Government Medical Sciences and Research Institute, Srinagar.

It is the case of the petitioner that there was no option available to students of the said college to pursue MBBS course by paying full tuition fee; the fee prescribed for MBBS State Quota Seats in the college was ₹15,000/- per month.

Petitioner pursued MBBS course on subsidized fee and she was required to execute a bond and as per condition of the bond, petitioner had to serve in Durgam/Hill Areas of Uttarakhand for five years.

According to learned counsel for the petitioner, petitioner served in hills, as per condition of bond, for a period of six months and thereafter she got admitted in Post Graduate Medical Course in Vivekanand Polyclinic Institute of Medical Science, Lucknow. Now, petitioner has completed her Post Graduate Course.

The Principal, Veer Chandra Singh Garhwali, Government Medical Sciences and Research Institute, Srinagar issued a notice, demanding a sum of ₹3286591/- from the petitioner, for violating the condition of the bond. Thus, feeling aggrieved, petitioner has approached this Court.

Learned counsel for the petitioner has placed reliance upon judgments rendered by

of 2019 and SPA No. 917 of 2019 and submits that since identical issue has been decided by Division Bench, therefore, present writ petition be also decided in terms of the said judgment.

Learned counsel for the State, however, disputes this submission made on behalf of the petitioner and submits that facts of the present case are entirely different, therefore, petitioner cannot get benefit of the said judgment.

Learned counsel for the State prays for and is granted six weeks' time to file counter affidavit. Petitioner shall file rejoinder affidavit thereto within two weeks' thereafter.

List this matter after eight weeks. Till the next date of listing, no recovery shall be made from the petitioner pursuant to the impugned demand notice dated 22.05.2021, provided petitioner deposits a sum of ₹10.00 lakh with the Principal, Veer Chandra Singh Garhwali, Government Medical Sciences and Research Institute, Srinagar within four weeks from today.

Stay application (IA No. 1 of 2021) stands disposed of.

Let certified copy of this order be supplied to the petitioner within 24 hours.

(Manoj Kumar Tiwari, J.) 30.06.2021 Aswal