Lalit Kumar v. State of U.P. Thru. Prin. Secy. Medical. Health and Family Welfare Lko. and 4 Others

Allahabad HC17 Dec 2024WRIA/11484/2024

Case brief

AI extract

What is this about?

Petitioner challenged a court order directing him to deposit Rs. 1 crore bond amount for serving in UP government after completing his MD from a private medical college. He argued he would have served free of cost if admitted to a government college. Court noted the prima facie issue and ordered further affidavits.

What the court decided

AI extract

Lalit Kumar vs State of U.P. Thru. Prin. Secy… — Service and Employment | Allahabad HC (2024)

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Court No. - 6

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Case :- WRIT - A No. - 11484 of 2024

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Petitioner :- Lalit Kumar

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Respondent :- State Of U.P. Thru. Prin. Secy. Medical. Health And Family Welfare Lko. And 4 Others Counsel for Petitioner :- Akhilesh Kumar Kalra,Rajesh Chandra Mishra,Shashwat Anand Dixit Counsel for Respondent :- C.S.C.

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Hon'ble Alok Mathur,J.

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Heard Sri Akhilesh Kalra assisted by Sri Rajesh Chandra Mishra, learned counsel for petitioner as well as learned Standing Counsel for respondents.

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It has been submitted by learned counsel for petitioner that petitioner had appeared in NEET P.G. examination for the Academic Session 2020-21 and got admission in Hind Medical College, Sitapur which is a private medical college to pursue his Post Graduate Course in MD (medicine).

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It has been submitted that at the time when the petitioner got admission, he had already been appointed as Medical Officer in the Provincial Medical Services of State of U.P. and was working in District Raebareli. On completion of his post graduate course, the respondents by means of impugned order dated 07.11.2024 has directed the petitioner to deposit an amount of Rs. 1 crore in terms of the bond filled by the petitioner for serving in the State of U.P. for a period of ten years after completion of their post graduate degree course.

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Learned counsel for petitioner submits that as per the conditions of the bond filled by the petitioner at the time of admission in post graduate course undoubtedly the petitioner has undertaken to serve in the State of U.P. for a period of ten years but one of the essential conditions was that the petitioner would obtain admission in a government medical college for which purpose no fees is charged from the such in-house candidates who are working as Medical Officer in the PMS.

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It is stated that the petitioner never took the benefit of the said policy of the government which is evident from the government order dated 25.01.2018 and accordingly respondents cannot seek to recover the amount from the petitioner inasmuch as he took admission in private medical college not in a government medical college.

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The learned Standing Counsel, on the other hand, has opposed the writ petition and submits that at the time of admission, the petitioner himself has voluntary executed the bond and therefore, there is no reason for him to escape the liability when the time has come for serving in the state service for ten years and non-compliance with the said conditions paying an amount of Rs. One Crore.

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Considering the fact that the petitioner had taken admission in a private medical college instead of a government medical

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college it has to be considered as to whether the respondents

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can enforce the bond conditions in the present circumstances prima facie case for consideration is made out.

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Let a counter affidavit be filed by the respondents within a period of three weeks. The petitioner shall have two weeks' time thereafter to file rejoinder affidavit.

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Connect this case with WRIT -A No.12170 of 2024

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Till the next date of listing, no coercive action shall be taken against the petitioner.

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[ Alok Mathur,J. ]

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Order Date :- 19.12.2024 KR

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Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Lalit Kumar v. State of U.P. Thru. Prin. Secy. Medical. Health and Family Welfare Lko. and 4 Others

Case brief

What is this about?

What the court decided

Lalit Kumar v. State of U.P. Thru. Prin. Secy. Medical. Health and Family Welfare Lko. and 4 Others

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