AZIM ILYAS Vs. STATE OF UTTARAKHAND AND OTHERS

JUDGEMENT

(1.) Petitioner has approached this Court seeking the following relief:

(2.) In the year 2006, an advertisement was issued for Pre Medical Test known as U.P.M.T. The petitioner applied for the same and he was selected. After counselling he was allotted Uttarakhand Forest Hospital Trust Medical College, Haldwani (now known as Government Medical College, Haldwani). On admission, the petitioner was asked to execute the surety bond, which was in set format and which was signed by the petitioner, wherein there is a condition of serving the State Government for a minimum period of five years after completion of M.B.,B.S. course. In the event of failure to serve the State Government, petitioner was asked to refund the money paid to him towards scholarship including compound interest thereon at such rate the Government may specify. Petitioner was given scholarship of Rs. 1,25,000/- per annum. Petitioner successfully completed his M.B.,B.S. course in the year 2011 and internship in the year 2012. Thereafter, petitioner joined as Junior Resident on contractual basis at Government Medical College, Haldwani. Thereafter, on 06.12.2012, petitioner was given appointment as Medical Officer for a period of three months w.e.f. 14.12.2012 to 28.02.2013. The petitioner, accordingly, joined the services as the Medical officer under the Chief Medical Officer, Champawat on 20.12.2012. The contractual service as aforesaid ended on 28.02.2013 and, again, the petitioner himself applied before the Chief Medical Officer, Champawat to get his contract renewed. The respondent no. 2 then renewed the petitioner's contractual services for a period of one year i.e. for a period commencing from 16.03.2013 to 28.02.2014. Thereafter, due to kidney failure of his mother, petitioner left the job. Thereafter, petitioner again tried to get employment on contractual basis, but he could not get the same. In the meantime, petitioner appeared for National Eligibility-cum-Entrance Test- Post Graduate 2017 (N.E.E.T.) for admission in the Post Graduate Course and qualified the same. The counselling for the said Post Graduate Course is going to be held on 16.02.2017. Petitioner applied for NoObjection Certificate from the respondent no. 3. It is alleged that the respondent no. 3, instead of granting NoObjection Certificate, vide letter dated 17.01.2017 directed the petitioner to approach the respondent no. 2 for grant of No Objection Certificate. Thereafter, petitioner approached the respondent no. 2 personally and got received letter dated 18.01.2017 on 23.01.2017 personally to the respondent no. 2 for grant of No Objection Certificate to be used in the counselling for Post Graduate Course to be held in various colleges after qualifying the N.E.E.T. But, No-Objection Certificate has not been issued in favour of the petitioner.

(3.) The learned Standing Counsel for the State submits that since the petitioner has not served in the State of Uttarakhand for a period of five years, which is a mandatory condition in the bond, hence, No Objection Certificate has not been issued in favour of the petitioner.