Dr. Vanisha Pundir vs State of Uttarakhand and others

The petitioner before this Court has done her M.B.B.S. course from Govt. Medical College Haldwani, District Nainital under Government scholarship in which while availing the Government scholarship one of the conditions was that she would serve for five years in Government Hospitals in the State. Pursuant to this, after completing her M.B.B.S., the petitioner was given posting at Government Allopathic Hospital, Takoli, Tehri Garhwal. Now she has applied for the Post Graduation course for better medical career and has secured All India Ranking of 109 and is to appear for counseling. However, the petitioner is not being given the No Objection Certificate.

The petitioner relies upon a judgment of a leaned Single Judge of this Court (in WPMS No. 1224 of 2014 decided on 08.06.2014) wherein it has been held that such candidate, as the present petitioner, can complete his/her five years of service after completing their Post Graduation course.

In view thereof, as an interim measure, it is directed that respondent authorities shall issue a provisional ''No Objection 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 she will complete her five years of service after completing her Post Graduation course.

Three weeks'' time is granted to the respondents to file counter affidavit.

List this case on 12.05.2017 in the daily cause list.

Interim relief application (CLMA No. 3829 of 2017) stands disposed accordingly.

Let a certified copy of this order be issued today itself on payment of usual charges.