The court ruled that medical graduates on subsidized education must adhere to bond service conditions, allowing prior service to be adjusted against required bond tenure.

JUDGMENT :

Manoj Kumar Gupta, C.J.

Delay Condonation Application (I A No. 02 of 2023)

1. For the reasons stated in the affidavit, filed in support of the delay condonation application, the delay condonation application is allowed and delay of 127 days in filing the special appeal is condoned.

Special Appeal No.01 of 2023

2. Heard learned State Counsel and learned Senior Counsel appearing for the respondents- writ petitioners.

3. The present intra-court appeal is directed against the order of learned Single Judge dated 08.06.2022 in Writ Petition (M/S) No.2201 of 2021 and the order dated 19.07.2022, passed on modification application (MCC No.03 of 2022).

4. The writ petitioners had completed MBBS course from various government colleges on subsidized fees and they had filled a bond for rendering five years of service in hilly areas of the State, failing which, they were to refund Rs.30.00 Lakh to the State Government.

5. The case of the petitioners was that, after completing MBBS course, they have succeeded in getting admission in P.G. courses in different private medical colleges, except petitioner no.8, who got admission in a Government P.G. College. They filed the writ petition praying for the following reliefs:-

“i) Issue a writ, order or direction in the nature of mandamus directing the respondents to adjust the period which the petitioners have served in pursuance to the bond before taking admission in the P.G. Courses from the total 3 year of compulsory service in hilly area.

ii) Issue any other or further writ, order or direction which this Hon’ble Court may deem fit and proper in the circumstances of the case.

iii) To award the cost of the petitions in favor of the petitioners.

iv) Issue a writ, order or direction in the nature of mandamus directing the respondents to evenly divide the bond money according to the time period of the bond years. 30 lakhs for five year or 6 lakhs per year for M.B.B.S. candidates and 15 lakhs for 3 years or 5 lakhs per year for PG (MD/ MS) candidates whichever is suited for the candidate.”

6. Thus, the petitioners wanted the period, during which they had served in pursuance of the bond before taking admission in Government College, to be adjusted in the bond period of three years, which they were required to render after doing P.G. course in terms of the prevalent government orders.

7. The writ Court disposed of the writ petition relying on the order in another writ petition bearing Writ Petition (M/S) No.1224 of 2014, “Dr. Lalit Kumar vs. State of Uttarakhand & others”. Sub-paragraph (ii) of Paragraph 25 of the said judgment, in terms whereof the writ petition was disposed of, is extracted below:-

“25. (i)…

(ii) Petitioners, who had furnished surety bonds/undertakings pursuant to the Government Order dated 30.06.2006 for availing the benefit of the financial help have to serve State of Uttarakhand for a minimum period of five years either before joining the PG course or after completing the PG course. Period of service, if any, rendered before joining the PG course shall be adjusted in the total period of service of five years.”

8. It is noteworthy that under Government Order dated 23.07.2008, the bond period specified was five years after MBBS course and three years after Post Graduation. Since the petitioners had got admission in PG courses, therefore, after completion of the same, in terms of clause 7 of the Government Order dated 23.07.2008, they were to render three years of service, failing which, they had to compensate the Government in a sum of Rs.15.00 Lakh.

9. For the said reason, a modification application came to be filed in the writ petition and by order dated 19.07.2022, the Writ Court clarified that the bond period shall be read as three years instead of five years i