Dr. Arpit vs State Of Uttarakhand And Others

Manoj Kumar Tiwari, J

Heard learned counsel for the parties through video conferencing.

According to the petitioner, he took admission in M.B.B.S. Course in Government Medical College, Haldwani and he successfully completed the

said course in the year 2016. Thereafter, petitioner desired to pursue Post Graduate Course.

Since the respondents-authorities were not issuing No Objection Certificate to the petitioner for participating in the entrance examination for

admission to Post Graduate Course, therefore, petitioner filed this writ petition, seeking the following relief:

“(i) Issue a writ, order or direction in the nature of mandamus directing the respondents to release the original Educational Documents, Internship

Completion Certificate and issue No Objection Certificate in favour of the petitioner, in order to enable the petitioner to participate in the Counseling

for admission in ‘Post Graduate Medical Qualification Courses MD/MS/Post Graduate Diploma/DNB for Pre Clinical/ Para Clinical/ Clinical

Courses pursuant to the NEET-PG-2018 Examination.â€​

A Coordinate Bench of this Court passed an interim order on 19.03.2018. Relevant extract thereof is reproduced below:

“3. In view thereof, an as interim measure, it is directed that respondent authorities shall issue a “No Objection Certificate†and an

“Internship Completion Certificate†to the petitioner forthwith so that the petitioner can get admission in the Post Graduation course at the earliest,

provided the petitioner furnishes an undertaking before the authority concerned that he will complete his five years of service after completing his post

Graduation course.

As far as original certificates of the petitioner are concerned, the respondent no. 4 shall give the original certificates to the petitioner on an

undertaking given by the petitioner that he shall return the original certificates with respondent no. 4, within a period of two months thereafter.â€​

While passing the interim order, this Court had imposed a condition that petitioner will serve in the hill districts of Uttarakhand for a period of five

years as per the condition of bond. Therefore, petitioner shall be liable to render service as per the terms of the bond for remaining period, after

completing P.G. Course.

A counter affidavit has been filed by respondent no. 2. In para no. 7 of the counter affidavit, it has been stated that No Objection Certificate was

granted to the petitioner vide order dated 02.03.2018 pursuant to order of this Court. In para no. 8 thereof, it has been stated that despite issuing the

No Objection Certificate, petitioner did not took admission in P.G. Course and petitioner is rendering his services where he is presently posted.

No rejoinder affidavit has been filed disputing the aforesaid statement made in the counter affidavit.

In such view of the matter, relief, as claimed in the writ petition cannot be granted.

Accordingly, the writ petition is dismissed. No order as to costs.