Uttarakhand High Court
WPMS/2493/2021 on 29 March, 2022
Office Notes,
reports, orders or
proceedings or
Sl. No Date COURT'S OR JUDGES'S ORDERS
directions and
Registrar's order
with Signatures
WPMS No.2493 of 2021
Hon'ble Sharad Kumar Sharma, J.
Mr. Lalit Belwal, Advocate, for the
petitioner.
Mr. Ajay Singh Bisht, Additional CSC, for
the State of Uttarakhand.
This matter was mentioned in the morning,
owing to the urgency that the petitioner has to
report for his admission in the PG course on 31st
March, 2022, but the petitioner has expressed his
inability to participate or to report for admission
in the Institution for undertaking his admission to
the PG course due to the withholdment of the
documents, as detailed in the relief clause of the
present writ petition, which has been withheld by
the respondent No.3, in order to ensure
complying with the conditions of the bond which
was executed by the petitioner for undertaking
his MBBS course.
Learned counsel for the petitioner submits,
that due to the non release of the aforesaid
documents, he would be deprived of his
opportunity of participation in the future
academic courses, which he wants to pursue.
In that eventuality, he has also made
reference to the judgments rendered by the
coordinate Benches of this Court, whereby
certain conditions were imposed. In order to
enable the candidate to pursue their future higher
studies, subject to the condition, that on the
completion of the PG course, the petitioner
would still undertake to fulfil the terms of the
bond, under which he was initially admitted for
his MBBS course.
Under the peculiar set of circumstances of
the case, where time plays the pivotal role, since
the petitioner has to report for his PG course on
31st March, 2022, and the documents in original
are lying with the respondent No.3, the
documents in original would be ensured to be
handed over to the petitioner, subject to his prior
submissions of an affidavit by way of an
undertaking that he would be returning the
documents in original as soon as the process of
his admission for the PG course stands
completed, after 31st March, 2022, and would
ensure to return the documents to the respondent
No.3, in order to comply with the stipulations
laid down by the judgment of the coordinate
Bench in its judgment dated 03.06.2014, as
rendered in the bunch of Writ Petitions with the
leading Writ Petition (M/S) No.1224 of 2014,
"Dr. Lalit Kumar Vs. State of Uttarakhand and
others", the said conditions would continue to
apply on the petitioner too, and he fulfils the
conditions of the bond after completing his PG
course. The respondent No.3, would forthwith
return the documents in original to the petitioner
on the aforesaid undertaking to be given by him,
by way of an affidavit.
Subject to the above, the interlocutory
application IA No.5 of 2022, would stands
disposed of.
However, it is made clear that if the
petitioner doesn't honour the undertaking, given
by him, it will be open for the respondent No.3,
to file an appropriate application in the present
pending writ petition, for taking an appropriate
action against the petitioner.
Respondent had submitted, that a word of
caution may be incorporated in the today's order
that in case if the petitioner does not take
admission in the PG course as a consequence of
his reporting on 31st March, 2022, he would
ensure to forthwith return the original documents
to the respondent No.3.
Let a certified copy of this order be
supplied today itself on payment of usual
charges.
(Sharad Kumar Sharma, J.)
29.03.2022
NR/
