Uttarakhand High Court
Dr. Abhishek Bandooni vs State Of Uttarakhand And Others on 29 June, 2020
Bench: Ramesh Ranganathan, Ramesh Chandra Khulbe
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition (S/B) No. 139 of 2020
Dr. Abhishek Bandooni ...Petitioner
Vs.
State of Uttarakhand and others ...Respondents
Mr. Vipul Sharma, learned counsel for the petitioner.
Mr. K.N. Joshi, learned Deputy Advocate General for the State of Uttarakhand-
respondents.
Dated: 29th June, 2020
Coram: Hon'ble Ramesh Ranganathan, C.J.
Hon'ble Ramesh Chandra Khulbe, J.
Ramesh Ranganathan, C.J. (Oral) Heard Mr. Vipul Sharma, learned counsel for the petitioner and Mr. K.N. Joshi, learned Deputy Advocate General for the State of Uttarakhand-respondents and, with their consent, the Writ Petition is disposed of at the stage of admission.
2. Facts, to the extent necessary, are that the petitioner pursued his under-graduate course in Medicine from the Medical College, Haldwani and passed out in the year 2018. While taking admission, the petitioner signed a bond, in terms of which he was permitted to prosecute his M.B.B.S. course at a concessional fee. The bond, however, contained a condition that the petitioner would, after completing his M.B.B.S. course, render five years' compulsory service, on a contractual basis, in the hilly and rural areas of the State of Uttarakhand.
3. The petitioner was granted a No Objection Certificate on 04.12.2019 to participate in the counselling for post-graduate courses. He was informed thereby that, in case he was selected for the post- graduate course, he would then have to fulfill the conditions, stipulated in the bond executed by him earlier, of rendering five years' 2 compulsory service with the State Government, after completing his post-graduate course.
4. While matters stood thus, an advertisement was issued on 20.11.2019 for appointment to the posts of Medical Officer in the State of Uttarakhand. The petitioner, having participated in the said selection process, was issued an order of appointment. Consequent thereto, the petitioner joined at the State Allopathic Dispensary, Government Hospital Khabau, Block Chakrata, District Dehradun as a Medical Officer on 08.04.2020.
5. Thereafter, the petitioner secured admission into the DNB Cardio-Throacic Surgery Course (a six years course) at the National Heart Institute, New Delhi. The petitioner claims that, unless a No Objection Certificate is issued by the authorities, he cannot join the said DNB Cardio Throacic Surgery Course.
6. The petitioner claims to have been orally informed by the clerical staff of the Director General, Medical Health and Family Welfare, Uttarakhand that he would have to sign another bond, in addition to the earlier bond signed by him, undertaking that, after completing his DNB Cardio Throacic Surgery Course, he would serve for another five years in the hilly and rural areas of the State of Uttarakhand.
7. Mr. Vipul Sharma, learned counsel for the petitioner, would submit that, after completing his DNB Cardio Throacic Surgery Course, he would fulfill the conditions of the bond, which he had executed earlier to serve in the hilly and rural areas of the State of Uttarakhand for five years; and his grievance is that, in addition to the earlier bond executed by him to render five years compulsory service in the hilly and rural areas of the State of Uttarakhand, the respondents are now calling upon him to furnish a fresh bond to serve for an additional period of five years i.e. for a total period of ten years.
38. Mr. K.N. Joshi, learned Deputy Advocate General appearing on behalf of the State Government, submits that the petitioner's allegations are untrue; what the petitioner has been called upon to do is to sign a fresh undertaking to fulfill the bond conditions executed by him earlier, of serving in the hilly and rural areas of the State of Uttarakhand for a period of five years, after he completes his DNB Cardio Throacic Surgery Course; the petitioner has not been called upon to furnish a fresh undertaking to discharge duties for any additional period, much less for ten years; and, in case he gives a fresh undertaking to complete the unexpired period of the bond executed by him earlier, to serve in the hilly and rural areas of the State of Uttarakhand, for a total period of five years, after he completes his course, he will be issued a No Objection Certificate to prosecute his DNB Cardio Throacic Surgery Course.
9. Mr. Vipul Sharma, learned counsel for the petitioner, submits that the petitioner would appear before the Director General, Medical Health and Family Welfare, Uttarakhand tomorrow i.e. 30.06.2020, and sign a fresh undertaking to fulfill the conditions of the bond executed by him earlier to serve, in the hilly and rural areas of the State of Uttarakhand, for the unexpired period of five years, after he completes his DNB Cardio Throacic Surgery Course; and the respondents be directed to issue him a No Objection Certificate forthwith on his furnishing such an undertaking.
10. We consider it appropriate, in such circumstances, to permit the petitioner to furnish a fresh undertaking before the Director General, Medical Health and Family Welfare, Uttarakhand tomorrow i.e. 30.06.2020. On such an undertaking being furnished by the petitioner, the Director General, Medical Health and Family Welfare, Uttarakhand shall forthwith issue a No Objection Certificate, in any event within one day of the petitioner furnishing such an undertaking, permitting him to prosecute his DNB Cardio Throacic Surgery Course subject to his complying with the conditions stipulated in such an 4 undertaking after he completes his DNB Cardio Throacic Surgery Course.
11. The Writ Petition is, accordingly, disposed of. No costs.
12. Let certified copy of this order be issued to the learned counsel for the parties, on payment of the prescribed charges, today itself.
(Ramesh Chandra Khulbe, J.) (Ramesh Ranganathan, C.J.) 29.06.2020 29.06.2020 Rahul