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2014 DIGILAW 582 (UTT)

Pulkit Nag v. State of Uttarakhand

2014-12-16

ALOK SINGH

body2014
JUDGMENT Alok Singh, J. 1. Petitioner did his MBBS course from Gajra Raja Medical College, Gwalior, Madhya Pradesh and was awarded MBBS degree, after completion of internship, on 28.01.2012; petitioner applied for Post Graduation course against All India Quota; petitioner was got selected and granted admission in MD (Pharmacology) in Government Medical College, Haldwani, District Nainital and he deposited his original mark-sheets and certificates with Government Medical College on 19.08.2013; soon after getting admission in MD (Pharmacology), petitioner, as desired by the Government Medical College, Haldwani, had furnished a bond to the effect that petitioner would pay concession tuition fee @ Rs. 60,000/- per annum and after completion of PG course, would serve the State Government for two years; before the petitioner could complete his first year of MD (Pharmacology), he applied and appeared in All India PG Examination and got selected for MD (Radiology) in State of Madhya Pradesh; petitioner applied and requested the Government Medical College, Haldwani to return his original documents enabling him to appear in the counseling in Madhya Pradesh, however, same was declined and petitioner was asked to deposit Rs. 5,00,000/-, as complete tuition fee for one year. 2. Feeling aggrieved, petitioner has approached this Court by way of filing present writ petition. 3. I have heard Mr. Lalit Belwal, Advocate for the petitioner and Mr. Anil Kumar Joshi, Addl. CSC with Mr. Gajendra Tripathi, Brief Holder for State of Uttarakhand and have carefully perused the record. 4. As per the bond furnished by the petitioner, annual tuition fees for MD (Pharmacology) was Rs. 5,00,000/- per annum. However, on furnishing a bond / undertaking to serve State Government, after completion of post Graduation, for two years, concession tuition fee of Rs. 60,000/- was required to be paid by the petitioner. 5. Since petitioner, meanwhile, got selected in Madhya Pradesh in MD (Radiology) course, respondents have absolutely no authority to compel the petitioner to continue his studies in Government Medical College, Haldwani and respondents are duty bound to return the original documents submitted by the petitioner. 6. It is stated by Mr. Anil Kumar Joshi, Addl. CSC for State of Uttarakhand that pursuant to the interim direction issued by this Court vide order dated 08.05.2014 original documents of the petitioner have already been returned to him. 7. Mr. 6. It is stated by Mr. Anil Kumar Joshi, Addl. CSC for State of Uttarakhand that pursuant to the interim direction issued by this Court vide order dated 08.05.2014 original documents of the petitioner have already been returned to him. 7. Mr. Lalit Belwal, Advocate for the petitioner, has submits that petitioner has received all the original documents and has taken admission in MD (Radiology) in Madhya Pradesh. 8. Mr. Lalit Belwal, Advocate for the petitioner, further contends that since petitioner could not complete his post graduation course in Government Medical College, Haldwani, therefore, petitioner cannot be asked to pay complete / full tuition of Rs. 5,00,000/- on the ground that petitioner has failed to honour the bond furnished by him at the time of taking admission in PG (Pharmacology) in Government Medical College, Haldwani. 9. Undisputedly, tuition fee for the PG Course is Rs. 5,00,000/- per annum. However, on furnishing personal bond to the effect that he would serve State Government for two years, after completion of MD course, such student is required to pay concessional tuition fee of Rs. 60,000/- per annum. 10. Since petitioner studied for one year in Government Medical College, Haldwani and has, now, taken admission in other PG course in Madhya Pradesh, therefore, petitioner cannot claim concession fee @ Rs. 60,000/- per annum for the first year post graduation course. 11. In my humble opinion, petitioner has to pay full and complete tuition fee @ Rs. 5,00,000/- per annum, therefore, petition, thus, stands disposed of with the direction that petitioner shall pay Rs. 5,00,000/-, after deducting Rs. 60,000/- already deposited by the petitioner, within four weeks from today, failing which respondents shall be at liberty to recover the amount from the petitioner along with interest @ 10% per annum from today till the date actual payment is made by the petitioner. 12. CLMA No. 4489 of 2014 also stands disposed of accordingly.