STATE OF UTTARAKHAND Vs. RAVISHA CHOUDHARY

JUDGEMENT

(1.) This appeal is preferred against the order passed in Writ Petition (M/S) No.394 of 2019 dated 23.05.2019 wherein the learned Single Judge, relying on an earlier order passed by this Court in Writ Petition (M/S) No.2557 of 2013 dated 25.08.2015, disposed of the Writ Petition in terms thereof.

(2.) In his order, in Writ Petition (M/S) No.2557 of 2013 dated 25.08.2015, the learned Single Judge, following the judgment of the Supreme Court in Anand S. Biji vs. State of Kerala: JT 2001 (10) SC 121, and the judgment of this Court in Lokman Singh and others Vs. State of Uttarakhand (order in Writ Petition (M/S) No. 1845 of 2009 dated 09.04.2015), held that the submission of a bond was itself without jurisdiction; and, therefore, the respondents-writ petitioners cannot be compelled to serve the State Government for five years or to pay damages. The learned Single Judge allowed the Writ Petition, and directed the appellants herein not to compel the respondents-writ petitioners to serve the State Government compulsorily for five years or to pay damages to the tune of Rs.30,00,000/-. The learned Single Judge, however, opined that it was open to the respondents-writ petitioners, if they so desire, to serve the State Government on the terms and conditions of the State Government. Aggrieved thereby, the State Government is now in appeal before us.

(3.) Mr. Pradeep Joshi, learned Standing Counsel appearing for the State Government, would draw our attention to the Government Order dated 09.09.2009 whereby both the Principals, of the Government Medical Colleges at Srinagar and Haldwani, were informed that, even for the 15% All India Quota students, the concessional fees of Rs.15,000/- would be applicable on their executing a bond on condition that they served, in the hilly areas of the State of Uttarakhand, for a minimum period of five years; otherwise they would be required to pay the regular fees of Rs.2,20,000/- per annum; the respondent-writ petitioner had submitted a sworn affidavit, at the time of joining the medical college on 10.09.2012, that, after completion of her under-graduate course, she would serve the hilly areas of the State of Uttarakhand for a minimum period of five years; even thereafter she had furnished a bond on 15.12.2014 undertaking to serve the hilly regions of the State of Uttarakhand for five years; and, in the light of the order passed by a Division Bench of this Court in Special Appeal No.224 of 2019 and batch dated 31.07.2019, the respondent-writ petitioner must either pay the said sum of Rs.30.00 lacs or serve the hilly regions of the State of Uttarakhand for a minimum period of five years.