Uttarakhand High Court
Roli Joshi vs State Of Uttarakhand And Others on 4 June, 2020
Equivalent citations: AIRONLINE 2020 UTR 189
Author: R.C. Khulbe
Bench: Ramesh Ranganathan, R.C. Khulbe
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition (S/B) No.102 of 2020
Roli Joshi ......... Petitioner.
Vs.
State of Uttarakhand and others ......... Respondents.
Dated: 4th June, 2020
Coram: Hon'ble Ramesh Ranganathan, C.J.
Hon'ble R.C. Khulbe, J.
Hon'ble Ramesh Ranganathan, C.J. (Oral) Heard Mr. C.K. Sharma, Counsel for the petitioner, Mr. K.N. Joshi, learned Deputy Advocate General with Mr. Suyash Pant, learned Brief Holder for the State of Uttarakhand, and, with their consent, the writ petition is disposed of at the stage of admission.
2. The jurisdiction of this Court, under Article 226 of the Constitution of India, has been invoked seeking a writ of certiorari to quash the order passed by the Principal, Govt. Medical College, Haldwani dated 11.05.2020; a writ of mandamus commanding and directing the Director General, Medical Health to appropriately modify the impugned order dated 11.05.2020, and provide appointment to the petitioner on the post of Assistant Professor at any of the Government Medical Colleges in the State of Uttarakhand, and provide her sufficient time to join service; and for a mandamus commanding and directing the respondents to reduce the period of appointment for the period the petitioner had remained idle.
3. The petitioner on completing her graduation, (MBBS Course), was selected for the Post-Graduate Degree Course in Anatomy and was allotted to the Government Medical College, Haldwani for the session 2013-14 pursuant to her selection on the basis of the NEET PG Course. After she joined her M.D. Course, she submitted an undertaking to serve in the hilly and rural areas of the State of Uttarakhand for a period of two years after she completed her post-graduation. As she had executed a bond, she was permitted to prosecute her post-graduate course 2 in Anatomy at a concessional fee, which is far less than the fees payable by students who, without signing a bond, prosecute their studies in a government medical college in the State.
4. The petitioner claims to have submitted a representation, immediately on her completing her Post-Graduate Degree Course, that she be permitted to join the Government Medical College at Almora as she had completed her Post Graduate Degree in Anatomy which is a non- clinical subject, and her services can be better utilized in a government medical college instead of at the Primary Health Centres in different parts of the State.
5. While matters stood thus, the petitioner was informed, by proceedings dated 06.02.2018, that she should report for duty in the office of the Director General, Medical Health and Family Welfare, Dehradun for her to be posted at an appropriate place. The petitioner, however, chose not to respond thereto. It is her case that the government had issued an order on 26.06.2019 making a provision that students, pursuing non-clinical studies, would not be entitled for subsidized study, and they shall not be required to submit an indemnity bond. Subsequently, an advertisement was issued on 25.04.2020 indicating the place of posting of doctors, and the petitioner was shown therein to have been posted as a Medical Officer in the Government Medical Hospital, Almora.
6. The petitioners' grievance is that, since she is an M.D. (Anatomy), she should not have been posted at the Government Hospital, but in the Government Medical College at Almora.
7. By the impugned order dated 11.05.2020, the petitioner was informed that she should join duty within 15 days, failing which proceedings would be initiated for recovery of the bond amount of Rs.15.00 lakh with interest.
8. Mr. C.K. Sharma, learned Counsel for the petitioner, would submit that the petitioner should have been posted at a place commensurate with her qualification; since Anatomy is a non-clinical subject, the petitioner does not have the requisite experience to be posted 3 at a hospital; she should, therefore, have been posted at the Government Medical College, Almora, and not at the government hospital in the same place; as she is staying at Kanpur, she should be granted breathing time to join duty; and since her request has not been acceded to, she had perforce to invoke the jurisdiction of this Court. Learned Counsel would also state that the petitioner is ready and willing to submit an undertaking to join duty within three weeks and, on her joining duty, she be permitted to make a representation seeking a place of posting commensurate with her qualification, and the respondents be directed to consider the same.
9. The bond executed by the petitioner is to serve in the hilly and rural areas of the State. Since the conditions of the bond, executed by her, does not obligate the State Government to utilize her services only at a particular place, her failure to join duty, despite being asked to do so in February 2018, on the ground that her posting at the Government Hospital, Almora is not a posting commensurate with her qualification, is wholly unjustified. As the bond executed by the petitioner is unconditional, it is for the State Government to determine the manner in which, and the place at which, the petitioner's services should be utilized. The petitioner cannot, on her own accord, claim that, unless she is given a posting of her choice, she would have no obligation to comply with the conditions of the bond.
10. The very fact that the petitioner has been given posting at Almora, the place of her choice, shows that the State Government had partially acceded to her request. Yet, the petitioner chose not to join duty contending that what she had sought was a posting at the Government Medical College, Almora, and not at the Government Hospital, Almora.
11. We find considerable force in the submission of Mr. K.N. Joshi, learned Deputy Advocate General appearing on behalf of the State Government, that the petitioner's contention is only a ruse to avoid joining duty at Almora, and simultaneously to avoid complying with the conditions of the bond which requires a person, who chooses not to join duty at the place to which she is posted by the Government, to pay the bond amount of Rs.15 Lakh with interest.
412. While we see no reason to accede to the petitioner's request that she be given a posting of her choice, for these are all matters for the State Government to decide, the submission of Mr. C.K. Sharma, learned Counsel for the petitioner, that the petitioner would submit an undertaking within one week from today that she would report for duty, at the office of the second-respondent, within three weeks from today, is recorded.
13. Suffice it, in such circumstances, to hold that, in case the petitioner submits such an undertaking within one week from today, undertaking to join duty within three weeks from today, the respondents shall not take any coercive steps for recovery of the bond amount in the interregnum. Needless to state that in case the petitioner fails to submit such an undertaking, or fails to report for duty within the time stipulated hereinabove, it would be open to the respondents to take necessary action, for recovery of the bond amount, in accordance with law.
14. We also make is clear that the place where the petitioner should be posted are matters for the State Government to consider, and not for this Court to examine in judicial review proceedings under Article 226 of the Constitution of India. Needless to state that the order, now passed by us, shall not disable the petitioner, after she joins duty at the place where the respondents give her posting orders, to make a representation thereafter for her posting at an appropriate place. In case any such representation is made by the petitioner, after she joins duty at the place to which she is posted by the State Government, her representation shall be considered in accordance with law, uninfluenced by any observations made in this order, within a period of one month from the date of receipt of such a representation.
15. The writ petition is, accordingly, disposed of. No costs.
(R.C. Khulbe, J.) (Ramesh Ranganathan, C.J.) Balwant/Sukhbant