Research › Search › Judgment

Uttarakhand High Court · body

2016 DIGILAW 913 (UTT)

Swati Sharma v. State of Uttarakhand

2016-12-01

V.K.BIST

body2016
JUDGMENT : V.K. Bist, J. Petitioner has approached this Court seeking the following relief: “(i) Issue a writ, order or direction in the nature of mandamus directing the respondent no. 3 to issue No Objection Certificate to the petitioner with immediate effect so that the petitioner may join PG Medical Course at Lucknow.” 2. Facts, giving rise to the present petition, are that the petitioner did her M.B.B.S. in the year 2014 from Veer Chandra Singh Garhwali, Government Medical Sciences and Research Institute, Srinagar (Garhwal). On the basis of her M.B.B.S. Degree and on the strength of her surety bond, on 09.04.2014, she joined as a Medical Officer on contractual basis at Community Health Center Chakrata, District Dehradun. The petitioner is also registered with the Uttarakhand Medical Council. On 24.10.2016, she appeared in the examination conducted by the National Board of Examination and, in the counseling, the petitioner succeeded and opted for Pathology seat at Vivekanand Poly Clinic Lucknow, Uttar Pradesh. According to the petitioner, for the grant of No Objection Certificate, she submitted representations on 26.10.2016 and 03.11.2016; but, no heed was paid on the same. Hence, this writ petition. 3. This Court, on 08.11.2016, granted interim order in favour of the petitioner. Operative portion of the said interim order reads as under: “In view thereof, as an interim measure it is directed that respondent/authority shall issue a ‘No Objection Certificate’ to the petitioner forthwith so that the petitioner can get admission in the Post Graduation course at the earliest possible, provided the petitioner shall furnish undertaking before the authority concerned that she will complete her five years of service after completing her Post Graduation course. 4. Learned counsel for the petitioner submitted that the petitioner has joined the P.G. Medical Course in the Vivekanand Poly Clinic, Lucknow and now, she is pursuing her P.G. Medical Course. Learned counsel for the petitioner, on instructions, would submit that petitioner undertakes that, after completion of her P.G. Medical Course at Lucknow, she will serve in the State of Uttarakhand, as per undertaking given by her at the time of admission. 5. I have considered the submission advanced by the learned counsel for the petitioner and have perused the papers available on record. 5. I have considered the submission advanced by the learned counsel for the petitioner and have perused the papers available on record. In view of the fact that petitioner has qualified the test and has got selection on the basis of merit and she is required to complete her M.D. (Pathalogy), the Court has granted interim order in favour of the petitioner on 08.11.2016. 6. In my view also, in case she is not permitted to pursue her P.G. Course, there is no certainty that she will also qualify in the next year. In view of this fact, the writ petition is disposed of in terms of interim order. While deciding the writ petition, this Court has kept in mind that, the petitioner has given undertaking before this Court that after completion of her P.G. Medical Course at Lucknow, she will serve in the State of Uttarakhand, as per undertaking given by her at the time of admission.