WPMS/392/2019
2022 Latest Caselaw 447 UK

     IN THE HIGH COURT OF UTTARAKHAND
                         AT NAINITAL
      ON THE 25TH DAY OF FEBRUARY, 2022
                              BEFORE:
     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI

        Writ Petition (M/S) No. 392 of 2019
BETWEEN:
Dr. Manish Kumar Saroj                                       ...Petitioner
      (No representation for the petitioner)

AND:

State of Uttarakhand and others                        ...Respondents
      (By Mr. Suyash Pant, Standing Counsel for the State)


                            JUDGMENT

Petitioner had pursued M.B.B.S. Course from a Government Medical College in the State of Uttarakhand upon executing a bond that he will serve in rural areas of Uttarakhand state for a period of five years.

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

"(a) Issue a writ order or direction in the nature of mandamus directing the respondent no.3 to forthwith release the petitioner's original documents namely (a) Marksheets of All Professional Exams; (b) MBBS Degree Certificate; (c) Marksheet and certificate of Class X & XII; (d) Internship Completion Certificate; (e) MBBS passing Certificate and

(f) Character Certificate) for a period of 90 days so as to enable him to appear at counselling at AIIMS PG-Jan 2019 (Mop up Round Counselling) and also required for subsequent NEET Counselling, whereafter the petitioner would resubmit the same after 90 days with the respondent no.3."

3. A Co-ordinate Bench of this Court vide order dated 19.02.2019 had directed respondent no.3 to provide original documents to petitioner

for a period of 90 days so that he may appear for counselling of AIIMS PG-Jan 2019 and in subsequent counselling of NEET.

4. In view of the aforesaid interim order, the relief as claimed in the writ petition does not survive.

5. This Court hopes and expects that petitioner must have returned the original documents to Principal V.C.S.G.G.M.S. and R.I. Srinagar, Pauri-Garhwal (respondent no.3) pursuant to the direction issued by Co-ordinate Bench on 19.02.2019.

6. Before parting with the case, it is made clear that petitioner will be required to serve Rural/Hilly areas of Uttarakhand in terms of the bond executed by him, at the time of admission in M.B.B.S. Course, for a minimum period of five years failing which, he shall be liable to pay the amount in terms of the bond.

7. With the above observation, the writ petition is dismissed.

(MANOJ KUMAR TIWARI, J.) Shubham