ORDER Sharad Kumar Sharma, J. - The precise facts as engages consideration in this writ petition is that the petitioner, who had completed her M.B.B.S. from the institute of respondent no.3, was unable to serve the terms and conditions of the bond of rendering three years of mandatory service for State, on account of the fact that she was diagnosed with a chronic disease that is Membrano-Proliferative Glomerulonephritis, MPGN Type 1, due to which she was unable to fulfil the conditions of the bond executed by her of rendering three years of compulsory service to the State. 2. The petitioner has come up with the case in the writ petition that under the terms of the bond, itself particularly that as contained in para 5 of the bond, which is extracted hereunder:- 5. Conditions of Non Service Liability because of medical reasons:- That the medical student will be declared to have become Non-Service Liability on being declared medically unfit by a Medical Board for service in hilly areas of Uttarakhand due to any disease/disability detected at any stage during the course, as under:- (i) The Medical Board headed by Director General, Medical Health and Family Welfare, Uttarakhand will express their opinion on the circumstances under which the student acquired the disease/disability and whether or not he/she had any control over those circumstances. On recommendations of the Medical Board, the Medical Student may be declared a Non-Service Liability (ii) If on the recommendation of the Medical Board headed by Director General, Medical Health and Family Welfare, Uttarakhand, the medical student is found permanently unfit for service in hilly areas of Uttarakhand during his/her course of studies, he/she would be removed from Service Liability and shall be liable to pay the Bond amount along with compound interest. The Bond Amount will be paid within one month of being declared Non-Service Liability falling which the amount shall be recovered from medical student and his/her sureties of the Student severally or jointly in the manner as provided in sub-para (7) of Para 2 of this Bond, (iii) The quantum of Bond Amount to be recovered in each case shall be decided taking into account the following factors:- (a) Time elapsed between joining the MBBS course and date of becoming Non-Service Liability (b) Severity of the disease/disability. (c) Nature of the disease/disability whether constitutional for example as result of any accident on land, sea or air. (iv) Based on the above factors, the Bond Amount to be recovered from the medical student and his/her sureties shall be computed as under:- (a) The Bond Amount shall be calculated at the rate of Rs.4,00,000/- (Rupees Four Lakh Only) per year for 4-1/2 years or part thereof, minus the subsidized fees already paid in Government Medical Colleges of Uttarakhand. A basic minimum sum shall be recovered in all cases for the free medical education and allied facilities provided by the Government. Depending on the year in which the student has been admitted and the year of study in which the student is declared Non-Service Liability, minimum charges as under shall always be levied in addition- First year Rs.40,000.00 Second year Rs.80,000.00 Third year Rs. 1,20,000.00 Fourth year and thereafter Rs. 1,60,000.00 (b) Bond Amount (in addition to a maximum of Rs. 1,60,000 mentioned above) shall be decided based on severity of the disease/disability suffered by the student (in instances of diseases/disability). (v) However, full waiver of money may be granted by the government of Uttarakhand in case of grave illness/severe disability necessitating withdrawal from the college or on death of the student on the basis of individual cases. (vi) Provided that the student in point (i) above, may be allowed to continue his/her stay in the hostel on payment of the normal expenses of education including tuition fee and fees for boarding and lodging facilities as applicable from time to time if he/she has contracted the disease/disability in the circumstances over which he/she has no control and for which he/she has not refused treatment. The decision of the Government in this regard shall be final." 3. That despite of the execution of the aforesaid bond to render services with State Government for three years still it contained a waiver clause where the terms of bond could be waived of in an eventuality of certain contingencies being arisen and one of the contingency contemplated therein was the medical conditions of the candidate also. 4. That despite of the execution of the aforesaid bond to render services with State Government for three years still it contained a waiver clause where the terms of bond could be waived of in an eventuality of certain contingencies being arisen and one of the contingency contemplated therein was the medical conditions of the candidate also. 4. The petitioner has contended that as per the Medical Board's report, which has been submitted by her, she has been diagnosed to be suffering from a chronic deceased due to which she was unable to fulfil the terms of bond and considering the said medical condition, she has approached the director along with the report of Medical Board of the State for invoking the waiver clause 5 of the bond. 5. The respondent no.2 Director herein has already recommended the matter to be considered by respondent no.3 vide his correspondence dated 10.12.2019 and respondent no.3 is yet to take a decision on the same. 6. Considering the peculiar contingency as well as the exigency in the matter, this writ petition is being disposed of with a direction to respondent no.3 to take a decision on the recommendation made by Director on 10.12.2019 after considering the State Medical Report dated 05.05.2019 for the purposes of extension of benefit under clause 5 of the bond. 7. It is expected that the respondent no.3 will take a decision on the recommendation of the Director, as expeditiously as possible, but not later than four weeks from the date of presentation of certified copy of this order. 8. Subject to the above, this writ petition stands disposed of. 05.04.2021