WPMS/1148/2020
2021 Latest Caselaw 594 UK

  IN THE HIGH COURT OF UTTARAKHAND
                        AT NAINITAL
               ON THE 2nd DAY OF MARCH, 2021
                             BEFORE:
   HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI

          Writ Petition (M/S) No. 1298 of 2020

BETWEEN:
        Dr. Shipra Suyal                       ......Petitioner
        (Mr. P.C. Maulekhi, Advocate)


AND:
        State of Uttarakhand & another .....Respondents
        (Mr. Vinod Nautiyal, Deputy Advocate General for the
        State of Uttarakhand/respondents)


                           With
          Writ Petition (M/S) No. 1148 of 2020


BETWEEN:
        Dr. Deepika Sharma                     ......Petitioner
        (Mr. Vinay Kumar, Advocate)



AND:
        State of Uttarakhand & others .....Respondents
        (Mr. Vinod Nautiyal, Deputy Advocate General for the
        State    of   Uttarakhand/respondent    nos.   1     &    2   &
        Mr. Shailendra Nauriyal, Advocate for respondent no. 3)


                           JUDGMENT

Since common question of law and facts are involved in these writ petitions, therefore are being taken up together and are being adjudicated by this common judgment. However, for the sake of brevity, facts of WPMS No. 1298 of 2020 are being considered.

2. Petitioner pursued M.B.B.S. Course from a Government Medical College in State of Uttarakhand and thereafter, she was appointed as a member of Provincial Medical Health Services through Uttarakhand Medical Service Selection Board.

3. Petitioner wanted to pursue P.G. Medical Course in a non-clinical subject for which a No Objection Certificate was required from the State Government.

4. State Government, in fact, had issued No Objection Certificate; however, the said No Objection Certificate was only for admission to clinical course.

5. Since petitioner wanted to pursue P.G. Course in a non-clinical subject, therefore, she filed this writ petition seeking following reliefs:-

"(a) Issue a writ order or direction in the nature of Certiorari calling for the record and quashing the condition in the NOC dated 22.04.2020 issued by the respondent no. 2 in favour of the petitioner to the effect that the NOC is valid only for clinical courses, being irrational, arbitrary and unreasonable.

(b) Issue a Writ, order or direction in the nature of mandamus directing the respondents to issue the NOC in favour of the petitioner for participating also in the Centralized Counseling for taking in the Para Clinical and Non Clinical courses under All India Quota Seats/Sate Quota Seats in the NEET PG-2020 Session."

6. This Court, by an interim order dated 17.08.2020, had provided "that the N.O.C., which has been issued to the petitioner, shall be deemed to be valid for all Courses, provided she abides by all the conditions of the Bond executed by her in favour of the State Government".

7. It is admitted to learned counsel for the parties that pursuant to the said interim order, petitioner has been admitted to a non-clinical course and presently she is pursuing P.G. Course from a recognized Medical College.

8. From the aforesaid conspectus of facts, it is apparent that the reliefs claimed in the writ petition do not survive anymore.

9. In such view of the matter, no useful purpose would be served, by keeping the writ petitions pending.

10. Accordingly, writ petitions are closed. However, it is provided that petitioner shall abide by all the terms and conditions of the bond, which she has executed in favour of the State Government for admission to the P.G. Course.

(MANOJ KUMAR TIWARI, J.) Navin