ADITYA KUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The petitioner has raised the following prayers before this Court:-

(2.) Briefly the facts of the case are that in the academic session 2013-14, the petitioner took admission in the Post-Graduate Medical Course in the Government Medical College, Haldwani, District-Nainital. At the time of admission, the petitioner was asked to fill a bond. According to the bond, the petitioner was required to serve two years of service "in the hilly region of the State". In case, the bond was entered between the petitioner and the State, the petitioner was entitled to a subsidized tuition fees of Rs. 60,000/- per annum against the full tuition fee of Rs. 5,00,000/- per annum. The petitioner did, indeed, enter into a bond with the State. The bond clearly states that the petitioner would be required to serve the State in "the hilly region" for a period of two years. On 02.08.2016, he completed his Post-Graduation course in Anesthesiology. After completion of the M.D. Degree, on 17.10.2016 the petitioner was directed to join the Female Hospital at Pithoragarh under the service bond. The petitioner was informed about the order dated 17.10.2016, by letter dated 21.10.2016 issued by the respondent No. 3. Subsequently, on 19.07.2017 the petitioner was posted as Assistant Professor, Anesthesiology at the Government Doon Medical College & Hospital. Consequently, on 26.08.2019, the petitioner joined the said post. On 29.08.2019 and 19.05.2020, the petitioner informed respondent Nos. 2 and 3 about the fact that he is working as an Assistant Professor, Anesthesiology at the said hospital. On 06.06.2020, the petitioner applied for his M.D. Degree. On 09.06.2020, he submitted a representation to the respondent Nos. 2 and 3 for setting him free from the bond. However the petitioner claims that so far, he has not heard anything from respondent Nos. 2 and 3 with regard to setting him free from the bond. The petitioner has also represented to respondent Nos. 2 and 3 that the service rendered by him from 19.07.2019 should be included as a service under the bond. However, even the said representation has fallen on deaf ears. Meanwhile, vide letter dated 09.07.2020, the petitioner was appointed at District Hospital, Uttarkashi. He served in Uttarkashi till 30.10.2020. Vide order dated 17.10.2020, he has been transferred to Shri Dev Suman Hospital, Narendranagar. Presently, he is working at Narendranagar.

(3.) The grievance of the petitioner is that in case the service rendered by him from 19.07.2019 till his transfer on 09.07.2020 were to be considered as a service under the bond, he would have completed the term of two years of service under the bond. Therefore, he would be entitled to be set free from the bond. However, the respondents have refused to do so. Hence, the present petition before this Court.