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2016 DIGILAW 643 (UTT)

Saurabh Shukla v. State of Uttarakhand

2016-09-28

ALOK SINGH, K.M.JOSEPH

body2016
JUDGMENT : K.M. Joseph, J. Since the writ petitions raise a common issue, we dispose of the same by a common judgment. 2. Petitioners, after completing their MBBS, appeared in NEET (PG) All India examination and succeeded. They had completed their Post Graduate courses. Petitioners paid only concessional fees which is Rs. 60,000/- per annum. The complaint of the petitioners is that they were called upon to execute indemnity bonds, which according to them, were executed under pressure, as they had no other option except to execute the illegal indemnity bonds. According to which, after successful completion of PG course, petitioners shall serve the State of Uttarakhand as Medical Officer/Specialist on contract basis for a minimum period of two years in any Government Hospital or Health Centre situated in hilly region of the State, failing which they will be liable, severally or jointly, to pay amount of full tuition fees. 3. The said condition in the bond is challenged being illegal, arbitrary and beyond jurisdiction, as petitioners had been selected under All India quota and the condition of the bond is against the specific condition mentioned in the information bulletin issued by Director General of Health Services, Medical Counselling Committee, Ministry of Health and Family Welfare, Government of India, 2014, which in essence provides that no such condition can be made applicable upon the students, who have been selected under All India Quota. It is stated that there are directives of the Medical Council of India, which are binding on the State and the State cannot act against the directives of Medical Council of India. It is also stated that State Authorities are not even ready to provide experience certificate, for the period, for which petitioners have to serve State of Uttarakhand, as per condition of the illegally executed bond. Petitioners are not being given posting on Specialist post, as per their specialization and the Government is only providing posting to them as Medical Officer. Petitioners ought to have been offered a posting as Senior Resident. Two months have been completed, after completion of the Post Graduate course and State Government has not provided any appointment on the Specialist post. 4. Petitioners want to pursue super specialty course in their field. Petitioners ought to have been offered a posting as Senior Resident. Two months have been completed, after completion of the Post Graduate course and State Government has not provided any appointment on the Specialist post. 4. Petitioners want to pursue super specialty course in their field. Accordingly, petitioners have approached this Court seeking following reliefs: i. Issue a writ, order or direction in the nature of Mandamus commanding and directing the respondent declaring the action of the respondent in taking the indemnity bond to be illegal and null and void. ii. Issue a writ, order or direction in the nature of Mandamus commanding and directing the respondents to forthwith release the original educational qualification documents of the petitioner to pursue super specialization course. iii. Issue a writ, order or direction in the nature of Mandamus commanding and directing the respondents to provide the posting as per the qualification of the petitioner as Senior Resident/Medical Officer in the Medical College of the State. 5. Heard Mr. C.K. Sharma, Advocate for the petitioners, Mr. Pradeep Joshi, Standing Counsel for the State of Uttarakhand and Mr. Parikshit Saini, Advocate for the Medical Council of India. 6. Learned Standing Counsel was asked to get instructions as to whether State is prepared to provide employment to the petitioners. Today, he would submit as follows: 7. Government has taken a decision to provide appointment to the petitioners as Senior Residents in Government Medical Colleges in the State, on contractual basis, for a period of one year and afterwards, they will serve in other Government Hospitals of the State, as per their specialization. 8. Learned counsel for the petitioners submits that Government will not issue certificate regarding their said service. 9. On this, learned Standing Counsel for the State would submit that Government will provide experience certificate to the petitioners, for the period they worked, at the end of the period and as per indemnity bond, petitioners are obliged to work for a period of two years. 10. Learned Standing Counsel for the State would submit that in terms of order of this Court, if offer is not made within 60 days from the date of completion of PG course and doctor remains idle, for no fault of him, then the period he remained idle, shall be adjusted in the total period mentioned in the bond. 11. 10. Learned Standing Counsel for the State would submit that in terms of order of this Court, if offer is not made within 60 days from the date of completion of PG course and doctor remains idle, for no fault of him, then the period he remained idle, shall be adjusted in the total period mentioned in the bond. 11. Learned Standing Counsel would submit that in this case also, this concept will be followed. 12. We record these submissions of learned Standing Counsel. Since petitioners are willing to work in the State of Uttarakhand, on the basis of offer as made by learned Standing Counsel before us, we dispose of the petitions directing that appointment be given to the petitioners at the earliest, in any case, within a period of three weeks from today. 13. We also record submission of learned Standing Counsel for the State of Uttarakhand that respondents/authorities shall issue experience certificates to the petitioners, for the period they so worked, at the end of contract period. 14. All the pending applications also stand disposed of accordingly. 15. Let copy of this judgment be placed in each connected petition.