Fulfillment of bond conditions is essential before seeking transfer of services, and Government Orders do not create an indefeasible right of transfer in favor of individuals with P.G. Degree in non-clinical subjects.

JUDGMENT :

Manoj Kumar Tiwari, J.

1. By means of this writ petition, petitioner has sought the following substantive reliefs:-

(i) To issue a writ, order or direction in the nature of Mandamus commanding the respondents to transfer the services of the petitioner from the department of “Medical Health and Family Welfare” to the department of “Medical Education” in the State of Uttarakhand and she may be posted as “Senior Resident” in pursuance to the government order dated 05.09.2022 (Annexure no. 11 to the petition), to any government medical college in the State of Uttarakhand and she may be granted further promotion, and other financial and consequential benefits of her service likewise the promotion to the post of Assistant Professor and so on, with continuation of previous service.

(ii) To issue a writ, order or direction in the nature of certiorari quashing the order dated 10.10.2023 (Annexure no. 1 to the petition) by which the respondent no. 3 has not granted the benefit of the Govt. order dated 05.09.2022 and is compelling her to join her duties at PHC Badaloo, District Pithoragarh.

(iii) To issue a writ, order or direction in the nature of Mandamus commanding the respondents in case the petitioner is not being granted the benefit of the govt. order dated 05.09.2022 and if her services are not being transferred from department of Medical Health and Family Welfare to the department of Medical Education, the petitioner may be exonerated to make any payment to the respondents.

(iv) In case, the Hon’ble Court comes to the conclusion that the service of the petitioner is not liable to be transferred from the department of Medical Health and Family Welfare to the Department of Medical Education and if she is not being posted at any government Medical College in the State of Uttarakhand, in pursuance to the government order dated 05.09.2022, her resignation may kindly be accepted with effects from the date of receiving the representation submitted by the petitioner on 02.09.2023 and she may be exempted from the operation of the bond which has been obtained from her under compulsion at the time of counselling of post graduate course.

2. Petitioner completed MBBS Course from Uttarakhand Forest Hospital Trust Medical College, now known as ‘Government Medical College’. While pursuing said course, she received scholarship from State Government on the condition that she will serve the State for a minimum period of five years upon completion of MBBS Course. The terms and conditions, on which scholarship was given to petitioner, are mentioned in the surety bond executed by her in favour of State Government, which is on record as Annexure-2 to the writ petition.

3. Before completing five years service, as per surety bond, petitioner sought permission from the Competent Authority to pursue Postgraduate Course in a non-clinical subject, namely, Anatomy. State Government had decided that Medical Officers, who were serving in Government Hospitals, as per the bond, would be given permission for post-graduation in clinical subjects only.

4. Petitioner approached this Court by filing WPMS No. 1148 of 2020, in which following interim order was passed on 23.07.2020:-

“The petitioner for her further career had applied for post graduation course, for which she appeared in the NEET Examination. The counselling for this examination is to done for this purpose. The petitioner has received the conditional permission, which only for appearing in the clinical course, which is available for post graduation.

This prima facie does not seems to be fair.

The permission granted to the petitioner shall be treated to be permission to appear in clinical as well as non clinical course.

It is, however, made clear that mere appearance of the petitioner for the counselling whether for clinical or non clinical purposes will not in any way come to her benefit, as far as this condition i.e. to serve the State of Uttarakhand for five years as Medical Officer or to pay the entire f