Uttarakhand High Court
WPMS/725/2021 on 24 March, 2021
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
ON THE 24TH DAY OF MARCH, 2021
BEFORE:
HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
Writ Petition (M/S) No. 725 of 2021
BETWEEN:
Dr. Niharika Verma ...Petitioner
(By Mr. Vinay Kumar, Advocate)
AND:
State of Uttarakhand & others ... Respondents
(By Mr. Tumul K. Nailwal, learned Brief Holder)
JUDGMENT
Petitioner was admitted in MBBS Course in
Government Medical College, Haldwani against a
State quota seat in the year 2013. Admittedly, she
got subsidised education at the cost of public
exchequer by executing a bond that she shall serve
State of Uttarakhand for three years.
2. Immediately after completing MBBS
Course, petitioner got admission in MD (Community
Medicine) Course in Lala Lajpat Rai Memorial Medical
College, Meerut (Uttar Pradesh) in the year 2019.
Thus, petitioner violated the condition of the bond
executed by her in favour of State Government.
3. Learned counsel for the petitioner submits
that petitioner has completed IInd year in MD
(Community Medicine) Course. The Principal,
Government Medical College, Haldwani has issued
notices to the petitioner asking her to deposit the
amount in terms of the bond executed by the
petitioner or to report for duties in terms of the bond.
Thus, feeling aggrieved, petitioner has approached
this Court seeking following relief:-
(i) Issue a writ, order or direction in the nature
of Mandamus directing the respondents to
take decision on the representation of the
petitioner dated 24.04.2019 and 4th May
2020 regarding issuance of No Objection
Certificate for pursuing Post Graduation
Medical Qualification Course in MD
Community Medicine from Medical College
Meerut and till then no coercive action be
taken against the petitioner pursuant to the
Notices issued by the Principal Govt.
Medical College Haldwani.
4. Petitioner has received subsidised
education at the cost of public exchequer and she had
executed a bond in favour of the State Government
and it is also an admitted position that petitioner has
not come forward to render service in terms of the
condition of the bond, therefore, this Court does not
find any reason to interfere with the impugned notice
issued by Principal, Government Medical College,
Haldwani on 09.05.2020
5. Learned counsel for the petitioner submits
that petitioner would complete her MD (Community
Medicine) Course in April, 2022 and she is ready to
give an undertaking in the form of an affidavit that
she will render three years service upon completion
of her MD (Community Medicine) Course and he
further submits that petitioner may be permitted to
make a representation to Director General, Medical,
Health and Family Welfare, Dehradun, who may
consider petitioner's request and take decision, in
accordance with law.
6. Having regard to the eagerness shown by
the petitioner to serve in the remote hilly areas of the
State of Uttarakhand, for minimum period of three
years, the writ petition is disposed of with liberty to
the petitioner to make representation and submit
undertaking, in the form of an affidavit, to Director
General, Medical, Health and Family Welfare within
two weeks from today. If such a representation is
made along with undertaking, the Director General
shall consider petitioner's request and pass
appropriate orders, in accordance with law, within a
period of four weeks thereafter.
(MANOJ KUMAR TIWARI, J.)
Aswal
