Nitin Kumar Uniyal vs State Of Uttarakhand And Others

Sanjaya Kumar Mishra, J

Upon hearing the learned counsels, the Court made the following Order.

By filing this writ application, the petitioner has prayed for the following reliefs:

“(a) Issue a writ, order or direction in the nature of certiorari quashing/setting aside the order contained in letter dated 04.08.2022 issued by respondent no.3 rejecting the representation dated 21.07.2022 of the petitioner.

(b) Issue a writ, order or direction in the nature of certiorari quashing/setting aside the order contained in letter dated 08.04.2022 issued by respondent no.3, so far it relates to asking of Rs. 19,27,035/- from the petitioner from freeing him bond.

(c) Issue a writ, order or direction in the nature of mandamus directing the respondents to return the whole amount of Rs. 19,27,035/- after fully waiving the remaining period of bond service/bond amount of the petitioner as he has been selected of Indian Armed Forces or alternatively issue a writ, order or direction in the nature of mandamus directing the respondents to return with interest, the excess amount charged from the petitioner after adjusting 12 months of service rendered by the petitioner under bond from 30.03.2021 to 29.03.2022.”

The facts of the case are not disputed. The petitioner is a permanent resident of the State of Uttarakhand studying in MBBS in Veer Chandra Singh Garhwali Government Institute of Medical Sciences and Research, Srinagar, District Pauri Garhwal. At the time of taking the admission, the petitioner executed a Bond in favour of the State of Utarakhand that after completion of his education, he will serve in the hilly area of Uttarakhand for 3 years. He has already passed out the MBBS examination and obtained a degree. He has discharged his duties of one year as Junior Resident in the Veer Chandra Singh Garhwali Government Institute of Medical Sciences and Research, Srinagar, District Pauri Garhwal. However, in the meantime, he appeared in the competitive examination and has been selected to serve in the Armed Forces Medical Services.

In that view of the matter, he made a representation to the Government of Uttarakhand to exempt him the Government compulsory service for the additional two years. The State of Uttarakhand, thereafter, intimated him that he should deposit Rs.19,27,035/- in lieu of the services he has not rendered to the State Government.

This Court is of the opinion that when a son of this soil, who is a permanent resident of the State of Uttarakhand, is serving in the Defence Forces as a Medical expert, the State as a welfare State and Model Benevolent employer, should take into consideration the services he is going to render to the nation and should waive the recovery of money as per the Bond executed by him. But, it has come to our notice that the petitioner has already deposited the amount mentioned above under protest and he has already joined the Armed Forces Medical Services.

In that view of the above, we are of the opinion that the State of Uttarakhand should take a lenient view. Hence, the writ application is disposed of directing the Secretary, Medical Education, State of Uttarakhand to reconsider the matter and decide whether to refund the money of the petitioner or not within a period of 45 days from the date of production of certified copy of this order before him.

We hope and trust that the concerned authorities will decide the case of the petitioner keeping in mind the nature of the Indian State as enshrined in the preamble of India and the fact that the petitioner is volunteering himself to serve the Nation by being part of the Indian Armed Forces.