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Uttarakhand High Court
State Of Uttarakhand & Others ... vs Dr. Mehul Singh Gunjyal & Others on 24 March, 2026
2026:UHC:2101-DB
HIGH COURT OF UTTARAKHAND AT NAINITAL
HON'BLE THE CHIEF JUSTICE MR. MANOJ KUMAR GUPTA
AND
HON'BLE SRI JUSTICE SUBHASH UPADHYAY
24TH MARCH, 2026
SPECIAL APPEAL NO. 01 OF 2023
State of Uttarakhand & others ......Appellants.
Versus
Dr. Mehul Singh Gunjyal & others ....Respondents.
Counsel for the Appellants : Mr. Gajendra Tripathi, learned Standing
Counsel.
Counsel for the Respondents : Mr. B.D. Upadhyaya, learned Senior
Counsel assisted by Mr. Anil Kumar
Joshi and Mr. Tushar Upadhyaya,
learned counsel.
JUDGMENT :
(per Mr. Manoj Kumar Gupta, C.J.)
Delay Condonation Application (IA No. 02 of 2023)
1. For the reasons stated in the affidavit, filed in
support of the delay condonation application, the delay
condonation application is allowed and delay of 127 days in
filing the special appeal is condoned.
2. Heard learned State Counsel and learned Senior
Counsel appearing for the respondents- writ petitioners.
3. The present intra-court appeal is directed against
the order of learned Single Judge dated 08.06.2022 in Writ
Petition (M/S) No.2201 of 2021 and the order dated
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19.07.2022, passed on modification application (MCC No.03
of 2022).
4. The writ petitioners had completed MBBS course
from various government colleges on subsidized fees and
they had filled a bond for rendering five years of service in
hilly areas of the State, failing which, they were to refund
Rs.30.00 Lakh to the State Government.
5. The case of the petitioners was that, after
completing MBBS course, they have succeeded in getting
admission in P.G. courses in different private medical
colleges, except petitioner no.8, who got admission in a
Government P.G. College. They filed the writ petition
praying for the following reliefs:-
"i) Issue a writ, order or direction in the nature of
mandamus directing the respondents to adjust the period
which the petitioners have served in pursuance to the bond
before taking admission in the P.G. Courses from the total 3
year of compulsory service in hilly area.
ii) Issue any other or further writ, order or direction
which this Hon'ble Court may deem fit and proper in the
circumstances of the case.
iii) To award the cost of the petitions in favor of the
petitioners.
iv) Issue a writ, order or direction in the nature of
mandamus directing the respondents to evenly divide the
bond money according to the time period of the bond years.
30 lakhs for five year or 6 lakhs per year for M.B.B.S.
candidates and 15 lakhs for 3 years or 5 lakhs per year for PG
(MD/ MS) candidates whichever is suited for the candidate."
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6. Thus, the petitioners wanted the period, during
which they had served in pursuance of the bond before
taking admission in Government College, to be adjusted in
the bond period of three years, which they were required to
render after doing P.G. course in terms of the prevalent
government orders.
7. The writ Court disposed of the writ petition
relying on the order in another writ petition bearing Writ
Petition (M/S) No.1224 of 2014, "Dr. Lalit Kumar vs. State
of Uttarakhand & others". Sub-paragraph (ii) of Paragraph
25 of the said judgment, in terms whereof the writ petition
was disposed of, is extracted below:-
"25.
(i)...
(ii) Petitioners, who had furnished surety bonds/
undertakings pursuant to the Government Order dated
30.06.2006 for availing the benefit of the financial help have
to serve State of Uttarakhand for a minimum period of five
years either before joining the PG course or after completing
the PG course. Period of service, if any, rendered before
joining the PG course shall be adjusted in the total period of
service of five years."
8. It is noteworthy that under Government Order
dated 23.07.2008, the bond period specified was five years
after MBBS course and three years after Post Graduation.
Since the petitioners had got admission in PG courses,
therefore, after completion of the same, in terms of clause
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7 of the Government Order dated 23.07.2008, they were to
render three years of service, failing which, they had to
compensate the Government in a sum of Rs.15.00 Lakh.
9. For the said reason, a modification application
came to be filed in the writ petition and by order dated
19.07.2022, the Writ Court clarified that the bond period
shall be read as three years instead of five years in the light
of clause 7 of the Government Order dated 23.07.2008.
10. It seems that during course of hearing of the
instant appeal, apprehension was raised by the State that
the directions given by the Writ Court would come in its way
in recovering the bond amount, if the petitioners fail to
render three years of service in hilly areas in the State in
terms of the bond. Consequently, on 24.04.2024,
Coordinate Bench passed an order permitting both the
parties to file affidavits clarifying certain aspects and also
state how they were not liable to return the money as
stipulated in the bond.
11. In compliance of the said order, the State
Government has filed an affidavit of compliance and
wherein, the stand taken is that except petitioner no.8, all
other petitioners have taken admission in private colleges in
PG courses and, therefore, in terms of clause 7 of the
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Government Order dated 23.07.2008 and also clause 1(D)
of the bond, in case they failed to render three years of
service in hilly areas of the State, after completion of PG
course, the Government would be entitled to recover the
bond amount.
12. The submission is based more on apprehension
as the said eventuality has not arisen so far. However,
since Government Order specifically provide for payment of
the afore-said amount by a candidate, who fails to render
service in terms of the Government Order after completion
of P.G. course and also so specifically undertaken by the
petitioners while furnishing the bond, therefore, we feel
that if we clarify the said aspect, it would not prejudice the
petitioners.
13. Accordingly, we clarify that the right of the State
Government to recover the bond amount in terms of clause
7 of the Government Order and the conditions of bond,
would not get affected in any manner, in case, the
petitioners fail to comply with the conditions of the bond
regarding rendering of three years service after completing
the P.G. course, subject to the directions already given that
the period of service already rendered after completion of
MBBS and before admission in P.G. course, would be taken
into consideration while calculating the period of three
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years.
14. The instant special appeal stands disposed of.
15. Pending application, if any, also stands disposed
of.
MANOJ KUMAR GUPTA, C.J.
SUBHASH UPADHYAY, J.
Dated: 24th March, 2026
NISHANT
NISHANT
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KUMAR
st=UTTARAKHAND,
serialNumber=7E81318F3B1BE7EAAC9370185F7C9C20892BC
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Date: 2026.03.25 11:41:23 +05'30'
