WPMS/973/2019
2022 Latest Caselaw 475 UK

IN THE HIGH COURT OF UTTARAKHAND
                    AT NAINITAL
          ON THE 2ND MARCH DAY OF, 2022
                          BEFORE:
     HON'BLE SHRI JUSTICE MANOJ K. TIWARI

     Writ Petition (M/S) No. 973 of 2019
BETWEEN:

Dr. Nitish Kumar                       ... Petitioner
     (By Mr. Pankaj Kumar Sharma, Advocate)

AND:

State of Uttarakhand & others          ... Respondents

     (By Mr. Suyash Pant, Standing Counsel)


                     JUDGMENT

1. At the time of admission in M.B.B.S. Course petitioner executed a bond in favour of respondent no. 4 that he will serve in Uttarakhand State for five years, upon completion of M.B.B.S. Course. Upon completion of M.B.B.S. Course, petitioner was desirous of pursuing PG Medical Course, for which purpose, he needs "No Objection Certificate" from the respondent and also the original documents, which were submitted by him with respondent no. 4.

2. Since, respondent authorities were not issuing the desired documents to the petitioner, therefore, he filed this writ petition in the month of April, 2019, seeking following relief:-

i. Issue a writ order or direction in the nature of mandamus directing the respondent no. 1 & 2 to grant No Objection Certificate in favour of the petitioner and to direct the respondent no. 4 to return the entire original documents of the

petitioner (as mentioned in letter dt. 31.03.2016 annexure 3 to writ petition) in order to enable the petitioner to pursue his PG Course (Diploma in Medical Radiology and Electrology) through College of Physicians and Surgeons Mumbai in which he got admission on his being successful in NEET PG-Examination.

3. A coordinate Bench of this Court passed an interim order on 09.04.2019 directing the respondents to issue original certificates to the petitioner, on an undertaking given by him that he will return the original certificates with respondent no. 4, within a period of two months.

4. Mr. Pankaj Kumar Sharma, learned counsel appearing for the petitioner submits that pursuant to the interim order, the desired documents were issued and petitioner is presently pursuing PG Medical Course, which is going to complete in the month of June, 2022.

5. Since all the desired documents were released in favour of petitioner on strength of interim order and PG Medical Course, in which petitioner took admission, is also going to complete this year, therefore, the relief, as claimed in the writ petition does not survive.

6. Accordingly, the writ petition is dismissed as infructuous.

7. Since petitioner had executed bond in favour of respondents that he will serve State of Uttarakhand for five years, therefore, he is bound by the conditions of the bond and upon completion of PG Medical Course, petitioner shall report for joining at the place indicated by the Competent Authority.

(Manoj Kumar Tiwari, J.) Aswal