Dr. Shipra Suyal & Others vs State Of Uttarakhand & Another

Manoj Kumar Tiwari, J

Since common question of law and facts are involved in these writ petitions, therefore are being taken up together and are being adjudicated by this

common judgment. However, for the sake of brevity, facts of WPMS No. 1298 of 2020 are being considered.

Petitioner pursued M.B.B.S. Course from a Government Medical College in State of Uttarakhand and thereafter, she was appointed as a member

of Provincial Medical Health Services through Uttarakhand Medical Service Selection Board.

Petitioner wanted to pursue P.G. Medical Course in a non-clinical subject for which a No Objection Certificate was required from the State

Government.

State Government, in fact, had issued No Objection Certificate; however, the said No Objection Certificate was only for admission to clinical

course.

Since petitioner wanted to pursue P.G. Course in a non-clinical subject, therefore, she filed this writ petition seeking following reliefs:-

“(a) Issue a writ order or direction in the nature of Certiorari calling for the record and quashing the condition in the NOC dated 22.04.2020 issued

by the respondent no. 2 in favour of the petitioner to the effect that the NOC is valid only for clinical courses, being irrational, arbitrary and

unreasonable.

(b) Issue a Writ, order or direction in the nature of mandamus directing the respondents to issue the NOC in favour of the petitioner for participating

also in the Centralized Counseling for taking in the Para Clinical and Non Clinical courses under All India Quota Seats/Sate Quota Seats in the NEET

PG-2020 Session.â€​

This Court, by an interim order dated 17.08.2020, had provided “that the N.O.C., which has been issued to the petitioner, shall be deemed to be

valid for all Courses, provided she abides by all the conditions of the Bond executed by her in favour of the State Governmentâ€​

It is admitted to learned counsel for the parties that pursuant to the said interim order, petitioner has been admitted to a non-clinical course and

presently she is pursuing P.G. Course from a recognized Medical College.

From the aforesaid conspectus of facts, it is apparent that the reliefs claimed in the writ petition do not survive anymore.

In such view of the matter, no useful purpose would be served, by keeping the writ petitions pending.

Accordingly, writ petitions are closed. However, it is provided that petitioner shall abide by all the terms and conditions of the bond, which she has

executed in favour of the State Government for admission to the P.G. Course.