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WPMS/1176/2024
2025 Latest Caselaw 6180 UK

Citation : 2025 Latest Caselaw 6180 UK
Judgement Date : 12 December, 2025

[Cites 0, Cited by 0]

Uttarakhand High Court

WPMS/1176/2024 on 12 December, 2025

Author: Manoj Kumar Tiwari
Bench: Manoj Kumar Tiwari
                                                                   2025:UHC:11123
              Office Notes,
             reports, orders
             or proceedings
SL.
      Date    or directions               COURT'S OR JUDGE'S ORDERS
No.
             and Registrar's
               order with
               Signatures
                               WPMS/1122/2024
                               With
                               WPMS/868/2024
                               WPMS/869/2024
                               WPMS/874/2024
                               WPMS/1123/2024
                               WPMS/1124/2024
                               WPMS/1126/2024
                               WPMS/1176/2024
                               Hon'ble Manoj Kumar Tiwari, J.

Mr. Lalit Belwal, Advocate for the petitioners.

Mr. Ganesh Dutt Kandpal, Deputy Advocate General for the State.

2. Since common questions of law and fact are involved in these petitions, therefore they are heard together and are being decided by a common judgment. However, for the sake of brevity, facts of Writ Petition No. 1122 of 2024 (MS) alone are being discussed and considered.

3. Petitioners took admission in MBBS Course in different Medical Colleges, within the State of Uttarakhand, during Academic Sessions 2017-18 and 2018-19 and they pursued MBBS course on subsidised fee by executing a Bond that they would serve for minimum five years in remote hill areas of State of Uttarakhand.

4. The grievance raised by petitioners is that the students who took admission in MBBS course before Academic Session 2017-18, were required to execute bond only for three years, 2025:UHC:11123 while the condition of five years service was introduced from Academic Session 2017-18. This, according to petitioners is unjust for the students like petitioners, who took admission during Academic Session 2017-18 and thereafter.

5. Learned counsel for the petitioners refers to Government Order, issued on 26.06.2019 for contending that henceforth there would be no vacancies available in Uttarakhand Provincial Medical Health Service.

6. The reliefs sought in Writ Petition No. 1122 of 2024 (MS) are as follow:

"a. Issue a writ, order or direction in the nature of mandamus directing the respondents to reduce the term of service bond from 5 years to 3 years like it was for the students up to 2016 batch.

b. Issue a writ, order or direction in the nature of mandamus directing the respondents to take only the difference of tuition fee from the petitioners, who wish to get themselves free from the bond.

c. Issue a writ, order or direction in the nature of mandamus directing the respondents to grant NOC, MBBS degree and all certificates relating to the MBBS course to the petitioners respectively.

d. Issue a writ, order or direction in the nature of mandamus directing the respondents to hand over to the petitioners all their original marksheets and certificates taken at the time of admission in MBBS course and withheld by the respondents."

7. Learned State Counsel submits that petitioners have accepted the condition imposed at the time of giving admission to them and executed the bonds with eyes wide open, then they cannot resile from their undertaking. However, learned State Counsel fairly submits that if petitioners have any grievance, they can 2025:UHC:11123 highlight the issue by making representation.

8. Learned counsel for the petitioners submits that representation has already been made by petitioners, which is on record of the writ petition.

9. The writ petitions are, accordingly, disposed of by permitting petitioners to make fresh representation to the Secretary, Medical Education within a period of three weeks from today.

10. If petitioners make such representation within stipulated time, the decision thereupon shall be taken, as per law, within six months thereafter. Petitioners, who want to get rid of the condition of the bond, may do so by paying the requisite amount to the State Government.

(Manoj Kumar Tiwari, J.) 12.12.2025 Mahinder/

MAHINDER SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8c2f031a92d1a18b08923c, postalCode=263001, st=UTTARAKHAND, serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35DC4626D305B1BC9EA4BABA 43D2B8F, cn=MAHINDER SINGH Date: 2025.12.12 18:34:39 +05'30'

 
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