LAWS(UTN)-2020-6-37

ROLI JOSHI Vs. STATE OF UTTARAKHAND

Decided On June 04, 2020
Roli Joshi Appellant
V/S
STATE OF UTTARAKHAND Respondents

JUDGEMENT

(1.) Heard Mr. C.K. Sharma, Counsel for the petitioner, Mr. K.N. Joshi, learned Deputy Advocate General with Mr. Suyash Pant, learned Brief Holder for the State of Uttarakhand, and, with their consent, the writ petition is disposed of at the stage of admission.

(2.) The jurisdiction of this Court, under Article 226 of the Constitution of India, has been invoked seeking a writ of certiorari to quash the order passed by the Principal, Govt. Medical College, Haldwani dated 11.05.2020; a writ of mandamus commanding and directing the Director General, Medical Health to appropriately modify the impugned order dated 11.05.2020, and provide appointment to the petitioner on the post of Assistant Professor at any of the Government Medical Colleges in the State of Uttarakhand, and provide her sufficient time to join service; and for a mandamus commanding and directing the respondents to reduce the period of appointment for the period the petitioner had remained idle.

(3.) The petitioner on completing her graduation, (MBBS Course), was selected for the Post-Graduate Degree Course in Anatomy and was allotted to the Government Medical College, Haldwani for the session 2013-14 pursuant to her selection on the basis of the NEET PG Course. After she joined her M.D. Course, she submitted an undertaking to serve in the hilly and rural areas of the State of Uttarakhand for a period of two years after she completed her post-graduation. As she had executed a bond, she was permitted to prosecute her post-graduate course in Anatomy at a concessional fee, which is far less than the fees payable by students who, without signing a bond, prosecute their studies in a government medical college in the State.