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2021 Supreme(UK) 537
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Raghvendra Singh Chauhan, Alok Kumar Verma, JJ.
Aditya Kumar - Appellant
Versus
State Of Uttarakhand & Ors. - Respondents
Writ Petition No. 446 of 2020
Decided On : 22-04-2021
Lalit Belwal, Advocate, S.S. Chauhan, Advocate
Parties are bound by the terms of the service bond, and the obligation to serve in the hilly region for the specified period cannot be modified. The concept of equality does not exist in the negative sense.
Headnote:
Service Bond - Petitioner's Service Obligation - [Bond, Service Obligation] - The court discussed the terms of the service bond and the petitioner's obligation to serve in the hilly region of the State for a minimum period of two years. It highlighted that the service rendered in the plain region of the State cannot be counted as part of the service under the bond, and rejected the petitioner's claim of hostile discrimination.
Fact of the Case:
The petitioner entered into a service bond to serve in the hilly region of the State for two years after completing a post-graduate medical course. The petitioner claimed that the service rendered in the plain region should be counted towards the bond, while the respondents refused to do so.
Finding of the Court:
The court found that the service rendered in the plain region of the State cannot be considered as part of the service under the bond. It rejected the petitioner's claim of hostile discrimination and dismissed the writ petition.
Issues: Interpretation of service bond terms, consideration of service rendered in different regions, and alleged hostile discrimination.
Ratio Decidendi: The court held that the parties are bound by the terms of the service bond, and the obligation to serve in the hilly region for the specified period cannot be modified. It emphasized that the concept of equality does not exist in the negative sense and rejected the petitioner's claim of hostile discrimination.
Final Decision: The court dismissed the writ petition and disposed of the pending application, with no order as to costs.
JUDGMENT
Raghvendra Singh Chauhan, J. - The petitioner has raised the following prayers before this Court:-
a. Issue a writ, order or direction in the nature of mandamus directing the respondents to relieve the petitioner from the service bond taking into consideration the period served at Government Doon Medical College & Hospital, Dehradun, at District Hospital, Uttarkashi and at Shri Dev Suman Hospital, Narendranagar and the time wasted by the respondents in not appointing / posting the petitioner after his completion of postgraduate Medical Course as served under bond OR IN ALTERNATIVE Either to relieve the petitioner from service bond of two years after charging the difference of tuition fee, i.e., remaining tuition fees in proportionate to the period the petitioner has not served under the service bond after deducting the period served at Government Doon Medical College & Hospital, Dehradun, at District Hospital, Uttarkashi and at Shri Dev Suman Hospital, Narendranagar under bond, in case the time wasted by the respondents in giving appointment to the petitioner after his post graduation is not counted as period served under bond Or to allow the petitioner either to serve for the remaining period of bond of two years, after deducting the period served at Government Doon Medical College & Hospital, Dehradun, at District Hospital, Uttarkashi and at Shri Dev Suman Hospital, Narendranagar under bond, in case the time wasted by the respondents in giving appointment to the petitioner after his post graduation is not counted as period served under bond or to pay for the remaining time to be served under bond, in case the time wasted by the respondent in giving appointment to the petitioner after his post graduation is not counted as period served under bond.
b. Issue an appropriate writ, order or direction directing the respondents to count the period wasted by the respondents in not giving appointment to the petitioner and allowing him to sit idle as the served period under the service bond.
c. Such other relief be granted which this Hon'ble Court may deem fit and proper.
d. Award cost to the petitioner.
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 repre
