Dr. Sushil Pandey vs State Of Uttarakhand & Others

Manoj Kumar Tiwari, J

Since common questions of fact and law are involved in both these petitions, therefore, both petitions are clubbed together and are being heard &

decided together. However, for the sake of convenience, facts of WPMS No. 644 of 2017 are being considered.

By means of this writ petition (WPMS No. 644 of 2017), petitioner has sought following reliefs:-

(i) Issue a writ order or direction in the nature of mandamus directing the respondent no. 2 to forthwith grant No-Objection certificate to the petitioner

so as to enable him to take a Post Graduation Course in a College of his choice on the undertaking of the petitioner that he will complete the remaining

period of 5 years service (in terms of the Surety Bond signed at the time of admission in MBBS Course).

This Court vide order dated 28.03.2017 passed following order:-

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

forthwith so that he 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.â€​

Mr. V.D. Bisen, learned Brief Holder for the State has made a statement that pursuant to the interim order of this Court, “No Objection

Certificate†was issued to the petitioner and petitioner has now completed his Post Graduation Course. Thus, according to him, petitioner is required

to render services in terms of the condition of the Surety Bond, which was executed by him at the time of admission in MBBS Course.

Since this Court, in the interim order dated 28.03.2017, has also provided that the petitioner shall furnish an undertaking that he will serve in

Uttarakhand State in terms of the condition of the Surety Bond, therefore, after completion of Post Graduation Course, petitioner will be required to

serve for the remaining period in Uttarakhand Health Department, after adjusting the service already rendered by him, before getting admission in

Post Graduation Course.

In such view of the matter, the relief, as claimed in both the writ petitions, does not survive.

Accordingly, writ petitions are dismissed as infructuous.