Uttarakhand High Court
Mohd. Khalil Ahmed vs State Of Uttarakhand & Ors on 15 December, 2022
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
Writ Petition No. 3250 of 2022 (M/S)
Mohd. Khalil Ahmed ......Petitioner
Versus
State of Uttarakhand & Ors. ......Respondents
Present:
Mr. Mohd. Allaudin, the learned counsel for the petitioner.
Mr. Suyash Pant, the learned Standing Counsel for the State.
Date of hearing and order: 15.12.2022
Sri Sanjaya Kumar Mishra, J.
By filing this writ application, the petitioner has
prayed for the following reliefs:
"i). Issue a writ order or direction in the nature of
certiorari quashing the impugned order dated
18.11.2022 (Annexure-9) passed by respondent no.
2 in league with recovery citation dated 20.08.202
(annexure-3) issued by Tehsildar Laksar Haridwar.
ii). Issue a writ order or direction in the nature of
mandamus commanding and directing the
respondents to waive the interest on the bond
amount and the actual amount of Rs. 15,00,000/-be
permitted to be deposited in instalments within a
period of three years.
2. It is not disputed that the petitioner took
admission in P.G., Government Medical College,
Haldwani and availed certain financial concession upon
execution of bond with the State of Uttarakhand, that
he will serve for two years in the hilly areas. However,
petitioner did not serve in the hilly areas. The same
question also came before this Court and also before
the Division Bench in Special Appeal No. 224 of 2019
and analogous matters, State of Uttarakhand & Ors. vs.
Neetu Verma & anr., whereby as per the judgment
dated 31.07.2019, the following order has been
passed:-
"26. The petitioners, having executed a bond
and having prosecuted their MBBS course at a
concessional fee of Rs. 15,000/- / Rs. 40,000/-
per annum, cannot now turn around and
contend that they were unaware of the
differential fee structure, and the State
Government is therefore disabled from
recovering the said amount from them.
27. Viewed from any angle, we find no illegality
in the Government Orders prescribing (i)
concessional fee for those who are willing to
serve in the hilly and rural areas of the State of
Uttarakhand, for a period of five years, after
completion of their five years' undergraduate
medical course; and (ii) regular fees for those
students who did not wish to exercise such an
option.
28. While the respondents-writ petitioners
cannot be compelled to serve in the hilly and
rural areas of the State of Uttarakhand for a
period of five years after they had completed
their under-graduate course, they would, in
case they wish not to render such services, be
obligated to pay the regular fee of Rs.
2,20,000/- / Rs. 4,00,000/- per annum, as was
being charged from all other students who
were not willing to exercise such an option.
29. The order under appeal is set aside and all
the Special Appeals are allowed. The appellants
shall offer all the respondents-writ petitioners
employment, to serve in the hilly and rural
areas of the State of Uttarakhand, within six
weeks from today.
30. In case the respondents-writ petitioners
are willing to serve in the hilly and rural areas
of the State of Uttarakhand, it is open to them
to join duty in terms of the offer of
employment to be made by the State
Government. In case the respondents-writ
petitioners do not wish to exercise such an
option, and do not join duty within the time
stipulated in the offer to be made by the
appellants-State, it is open to the State
Government to recover the differential fee
amount, (i.e. Rs. 2,20,000 minus Rs. 15,000/-
per annum for students who secured admission
in the year 2011-12, and Rs. 4,00,000/- minus
Rs. 40,000/- per annum for students who
secured admission in the year 2013-14), along
with interest at 18% per annum.
3. Thus, there is nothing remain to be decided in this
case. The petitioner is liable to pay the amount of bond
along with 18%, as he has violated the conditions of
the bond. However, keeping in view the pleading of the
petitioner, the writ petition is disposed of giving liberty
to the petitioner to file an appropriate application
before respondent no. 2, i.e., Director General, Medical
Health and Family Welfare, Government of
Uttarakhand, Dehradun within a period of ten days
hence, for fixing the instalments for payment of amount
due from him. In case, such an application is filed,
respondent no. 2 shall consider and decide the same
within 21 days. In view of the aforesaid order, it is
further directed that the recovery citation shall be kept
in abeyance for next 21 days, hence.
4. No order as to costs.
(Sanjaya Kumar Mishra, J.)
(Grant certified copies as per rules)
PV
