Research › Search › Judgment

Uttarakhand High Court · body

2016 DIGILAW 856 (UTT)

Lakshman Singh Pal v. State of Uttarakhand

2016-11-19

SUDHANSHU DHULIA

body2016
JUDGMENT : Petitioner no. 1 in this writ petition is presently working as an Assistant Professor in Government Medical College, Haldwani in Surgery department and the petitioner no. 2 is the father of petitioner no. 1. The matter primarily relates to the claim of the petitioner no. 1, which is regarding refund of the amount which he has deposited with the State Government i.e. Rs.3,70,370/-, which he now claims is liable to be refunded to him. 2. Petitioner no. 1 has passed his MBBS course from Government Medical College, Haldwani in the year 2009 on State scholarship. The State scholarship was given to the petitioner no. 1 in terms of the Government Order dated 30.06.2006 with stipulation that since the petitioner no. 1 is studying on a State scholarship, it will be mandatory for him to serve the State for a period of five years after completing his MBBS course. 3. All the same, after petitioner no. 1 had completed his MBBS course from the Government Medical College, Haldwani, he secured admission in post graduation (Surgery) in B.R.D. Medical College, Gorakhpur (U.P.), and after completing the MS course from the said medical college, petitioner no. 1 again joined at Government Medical College, Haldwani as a Senior Resident on 15.07.2014 and presently is working as an Assistant Professor in the Surgery Department. 4. The Government Order dated 30.06.2006 has been interpreted by a learned Single Judge of this Court in bunch of writ petitions, where the leading case was WPMS No.1224 of 2014 (Dr. Lalit Kumar Vs. State of Uttarakhand and others), wherein it was held that five years of mandatory service with the State Government will be complied with if a student undergoes such a course even after his post graduation. In other words, the intention of the Court was that in case an MBBS student gets admission in post graduation course immediately after completing his studies, the bond which he has given to the State Government should not come in his way in pursuing the post graduate studies. But at the same time he should honour his commitment immediately after completion of his P.G. studies. 5. The petitioner no. 1 after completing his post graduation course has joined at Government Medical College, Haldwani is an admitted fact. The bond, which was signed by the petitioner no. 1 was for service with the Government, in capacity of a Doctor. But at the same time he should honour his commitment immediately after completion of his P.G. studies. 5. The petitioner no. 1 after completing his post graduation course has joined at Government Medical College, Haldwani is an admitted fact. The bond, which was signed by the petitioner no. 1 was for service with the Government, in capacity of a Doctor. The service as a Resident Doctor, in a Government Medical College, would serve the purpose of the bond. 6. In view thereof, the writ petition stands disposed with the direction that if the petitioner completes his five years of service uninterruptedly with the State Government, the petitioner no. 1 would be at liberty to seek refund of the amount given by him, which shall be given to him immediately after completion of five years period. However, the five years shall be counted from 15.07.2014 when he joined as a Senior Resident or a Doctor. The five years will come to an end in the year 2019. It is hereby directed to the respondents that they shall deposit the amount of Rs.3,70,370/- immediately in a fixed deposit with a nationalised bank so that it can earn interest meanwhile, unless it has already been done so. The accumulated amount shall be refunded to the petitioner in 2019, after completion of five years of service as above.