High CourtsSingle Bench

Yatender Deswal vs State Of Uttarakhand And Others

Uttarakhand High Court · Decided on 16 June 2021 · Citation: (2021) 06 UK CK 0040

HON’BLE JUDGES
Manoj Kumar Tiwari, J
RESULT
Dismissed
CASE NUMBER
Writ Petition (M/S) No. 773 Of 2018
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Judgment

19 paragraphs · 312 words

Manoj Kumar Tiwari, J

1.

Heard learned counsel for the parties through video conferencing.

2.

By means of this writ petition, petitioner has sought the following relief:

“i) Issue a writ order or direction in the nature of mandamus directing the respondent no. 3 to forthwith release the petitioner’s original

certificates (giz. Original internship completion certificate, attempt certificate, Xth Passing certificate, Marksheets of 4 years MBBS exams and other

original certificates in possession of the respondent no. 3), so as to enable the petitioner to upload the documents before the last dated i.e. 24-3-2018

for admission to the course Post Graduation (MD/MS/MDS) from Haryana.

3.

A Coordinate Bench of this Court on 23.03.2018 had passed the following order:

“3. In view thereof, as an interim measure, it is directed that respondent authorities shall give the original certificates of the petitioner i.e. original

internship completion certificate, attempt certificate, Xth Passing certificate, XIIth passing certificate, Marksheet of 4 years MBBS exams and other

original certificate, the Principal, Veer Chandra Garhwali Government Medical Science and Research Institute Srinagar Garhwal shall give the original

certificates to the petitioner on an undertaking given by the petitioner that he shall return the original certificates to the Principal, within a period of two

months thereafter.â€​

4.

Although, no counter affidavit has been filed on behalf of respondents, however, this Court can take judicial notice of the fact that original

certificates of the petitioner would have been returned to him on his undertaking that he shall return the same to the Principal of the concerned college

within two months.

5.

A period of more than three years has gone by since filing of the writ petition.

6.

In such view of the matter, no fruitful purpose would be served by keeping this writ petition pending before this Court.

7.

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