Uttarakhand High Court
Avnish Kumar vs Union Of India And Others on 23 March, 2016
Author: U.C. Dhyani
Bench: U.C. Dhyani
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition No. 769 of 2016 (M/S)
Avnish Kumar ....... Petitioner
versus
Union of India & others ....... Respondents
Mr. Vinay Kumar, Advocate for the petitioner.
Mr. Rajesh Sharma, Central Government Standing Counsel for respondent no. 1.
Mr. Syed Nadim, Standing Counsel for the State / respondent nos. 2 to 4.
U.C. Dhyani, J.(Oral)
By means of present writ petition, the petitioner seeks following reliefs, among others:
(i) Issue a writ, order or direction in the nature of certiorari calling for records and quashing the Govt. Order dated 23rd July 2008 (Annexure no. 4) and Govt. Order dated 4th August 2008 (Annexure no. 5) issued by the Secretary, Medical, Govt. of Uttarakhand so far as the same provides for execution of the Surety Bond by the students taking admission in Govt.
Medical Colleges of the State in the MBBS course under All India Quota.
(ii) Issue a writ, order or direction in the nature of certiorari calling for the records and quashing the Govt. Order dated 9th September 2009 (Annexure no. 6) issued by the Secretary, Medical, Govt. of Uttarakhand so far as the same provides for execution of the Surety Bond by the students taking admission in Govt. Medical Colleges of the State in the MBBS course under All India Quota, as the same is in 2 violation of dictum of the Hon'ble Apex Court in the case of Anand S. Biji vs State of Kerala.
(iii) Issue a writ, order or direction in the nature of certiorari quashing the impugned Office Memorandum no. 7056 dated 15th March 2016 and Office Memorandum no. 7057 dated March 2016, issued by the Principal / Dean, Govt. Medical College, Haldwani.
(iv) Issue an appropriate writ, order or direction especially in the nature of mandamus thereby directing the respondent nos. 1 to 3 to release the original educational certificate, MBBS Degree Internship Completion Certificate of the petitioner and hand over the same to the petitioner immediately on its completion.
2) It is the submission of learned counsel for the petitioner that the controversy in hand is covered by judgments passed by the Coordinate Bench of this Court in Writ Petition No. 1845 of 2009 (M/S) and Writ Petition No. 2557 of 2013 (M/S) delivered on 09.4.2015 and 25.8.2015 respectively.
3) It is the submission of learned counsel for the State that the State is going to challenge these Orders by way of a State Appeal.
4) So long as the judgments/orders rendered by learned Single Judge are not set aside by the higher Court, they have binding effect. The instant writ 3 petition, therefore, also meets the same fate as was met by the above said writ petitions.
5) Present Writ Petition, thus, stands disposed of in terms of judgment passed by this Court in Writ Petition No. 1845 of 2009 (M/S) and Writ Petition No. 2557 of 2013 (M/S).
(U.C. Dhyani, J.) Dt. March 23, 2016.
Negi