Research › Search › Judgment

Uttarakhand High Court · body

2023 DIGILAW 599 (UTT)

Deepika Sharma v. State of Uttarakhand

2023-10-19

MANOJ KUMAR TIWARI, PANKAJ PUROHIT

body2023
JUDGMENT : Manoj Kumar Tiwari, J. 1. By means of this writ petition, petitioner has sought the following substantive reliefs:- (i) To issue a writ, order or direction in the nature of Mandamus commanding the respondents to transfer the services of the petitioner from the department of “Medical Health and Family Welfare” to the department of “Medical Education” in the State of Uttarakhand and she may be posted as “Senior Resident” in pursuance to the government order dated 05.09.2022 (Annexure no. 11 to the petition), to any government medical college in the State of Uttarakhand and she may be granted further promotion, and other financial and consequential benefits of her service likewise the promotion to the post of Assistant Professor and so on, with continuation of previous service. (ii) To issue a writ, order or direction in the nature of certiorari quashing the order dated 10.10.2023 (Annexure no. 1 to the petition) by which the respondent no. 3 has not granted the benefit of the Govt. order dated 05.09.2022 and is compelling her to join her duties at PHC Badaloo, District Pithoragarh. (iii) To issue a writ, order or direction in the nature of Mandamus commanding the respondents in case the petitioner is not being granted the benefit of the govt. order dated 05.09.2022 and if her services are not being transferred from department of Medical Health and Family Welfare to the department of Medical Education, the petitioner may be exonerated to make any payment to the respondents. (iv) In case, the Hon’ble Court comes to the conclusion that the service of the petitioner is not liable to be transferred from the department of Medical Health and Family Welfare to the Department of Medical Education and if she is not being posted at any government Medical College in the State of Uttarakhand, in pursuance to the government order dated 05.09.2022, her resignation may kindly be accepted with effects from the date of receiving the representation submitted by the petitioner on 02.09.2023 and she may be exempted from the operation of the bond which has been obtained from her under compulsion at the time of counselling of post graduate course. 2. Petitioner completed MBBS Course from Uttarakhand Forest Hospital Trust Medical College, now known as ‘Government Medical College’. 2. Petitioner completed MBBS Course from Uttarakhand Forest Hospital Trust Medical College, now known as ‘Government Medical College’. While pursuing said course, she received scholarship from State Government on the condition that she will serve the State for a minimum period of five years upon completion of MBBS Course. The terms and conditions, on which scholarship was given to petitioner, are mentioned in the surety bond executed by her in favour of State Government, which is on record as Annexure-2 to the writ petition. 3. Before completing five years service, as per surety bond, petitioner sought permission from the Competent Authority to pursue Postgraduate Course in a non-clinical subject, namely, Anatomy. State Government had decided that Medical Officers, who were serving in Government Hospitals, as per the bond, would be given permission for post-graduation in clinical subjects only. 4. Petitioner approached this Court by filing WPMS No. 1148 of 2020, in which following interim order was passed on 23.07.2020:- “The petitioner for her further career had applied for post graduation course, for which she appeared in the NEET Examination. The counselling for this examination is to done for this purpose. The petitioner has received the conditional permission, which only for appearing in the clinical course, which is available for post graduation. This prima facie does not seems to be fair. The permission granted to the petitioner shall be treated to be permission to appear in clinical as well as non clinical course. It is, however, made clear that mere appearance of the petitioner for the counselling whether for clinical or non clinical purposes will not in any way come to her benefit, as far as this condition i.e. to serve the State of Uttarakhand for five years as Medical Officer or to pay the entire fee along with 18% interest as held by the Division Bench of this Court.” 5. The said writ petition was finally disposed of vide order dated 02.03.2021. The operative portion of the judgment is extracted below:- “10. Accordingly, writ petitions are closed. However, it is provided that petitioner shall abide by all the terms and conditions of the bond, which she has executed in favour of the State Government for admission to the P.G. Course.” 6. Pursuant to the interim order passed by learned Single Judge, petitioner took admission in M.D. (Anatomy) Course. Accordingly, writ petitions are closed. However, it is provided that petitioner shall abide by all the terms and conditions of the bond, which she has executed in favour of the State Government for admission to the P.G. Course.” 6. Pursuant to the interim order passed by learned Single Judge, petitioner took admission in M.D. (Anatomy) Course. Upon successful completion of M.D. (Anatomy) Course, she tendered resignation from the post of Medical Officer. Her resignation was not accepted on the ground that she has not rendered five years service as per bond executed by her in favour of State Government. Director General, Department of Medical Health in his order dated 23.02.2022 had given option to petitioner to deposit the amount indicated in the bond for overcoming condition of five years of service. Petitioner thereafter made representation to the Competent Authority with the request either to transfer her services from Department of Medical Health to Department of Medical Education or to accept her resignation with immediate effect. The said representation has been rejected by Director General vide order dated 10.10.2023, which is under challenge in this writ petition. 7. Learned Senior Counsel for petitioner submits that since petitioner is a Post Graduate in Anatomy, which is a non-clinical subject having no relevance for the post of Medical Officer in Government Hospitals, therefore, petitioner’s services are liable to be transferred as Senior Resident/Assistant Professor in Medical College of the State Government, which is controlled by Department of Medical Education. Reliance is placed upon Government Order dated 05.09.2022 issued by Additional Secretary, Department of Medical Education. 8. We have perused the Government Order dated 05.09.2022. The said Government Order was issued to deal with the problem of paucity of Senior Resident/Assistant Professor in Government Medical Colleges and provides that in appropriate cases, Post Graduate Degree holders in non-clinical subjects serving in Govt. Hospitals can be appointed as Senior Resident/Assistant Professor in Government Medical Colleges. Thus, the Government Order permits transfer of Post Graduate Degree holder in non-clinical subject from Department of Health to Department of Medical Education, as in the absence of such permission, their transfer would not have been possible. However, the said Government Order does not create any indefeasible right of transfer in favour of Medical officers with P.G. Degree in non clinical subjects, serving in Govt. Hospitals run by Department of Health. 9. However, the said Government Order does not create any indefeasible right of transfer in favour of Medical officers with P.G. Degree in non clinical subjects, serving in Govt. Hospitals run by Department of Health. 9. Since petitioner had executed bond at the time of her admission in MBBS Course and Post Graduate Course, therefore, without rendering the required length of service in terms of the bond, she cannot compel the State Government to relieve her from Department of Medical Health for joining in some other Department. As Medical Officer, petitioner is liable to serve in remote hilly/rural areas of the State, while as Senior Resident/Assistant Professor, she will be serving in a Government Medical College, which is situate in a City/urban area. However, the inconvenience suffered by her on account of posting in rural/hill area cannot be a valid ground to direct the State Government to transfer her service from one Department to another. 10. The Director General, Department of Health has given valid reasons for rejecting petitioner’s request for transfer of her service. 11. Thus, any interference with the impugned order by this Court would be unwarranted. Accordingly, writ petition fails and is hereby dismissed. 12. No order as to cost.