Disposed

Dr.Asad Khalid v. State of U.P. Thru. Prin. Secy. Medical Health and Family Welfare Lko and 5 Others

Allahabad HC18 Dec 2024WRIA/11904/2024

Case brief

AI extract

What is this about?

Petitioner challenged an order imposing liability under a service bond due to failure to join a privately allotted medical college after completing postgraduate studies. The court noted the bond was intended for Government Medical College admission but allowed one week for instructions. No coercive action was ordered pending further clarity.

What did the court decide?

No coercive action taken against petitioner. One week time granted to seek instructions.

Dr.Asad Khalid vs State of U.P. Thru… — Pension and Retirement Benefits | Allahabad HC (2024)

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Court No. - 21 Case :- WRIT - A No. - 11904 of 2024 Petitioner :- Dr.Asad Khalid Respondent :- State Of U.P. Thru. Prin. Secy. Medical Health And Family Welfare Lko And 5 Others Counsel for Petitioner :- Rajesh Chandra Mishra Counsel for Respondent :- C.S.C.

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Hon'ble Neeraj Tiwari,J.

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Heard learned counsel for petitioner and Sri Ashwini Kumar Singh Rathore, learned standing counsel for State-respondents.

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Learned counsel for petitioner submitted that after completion of MBBS Course in the year 2011, petitioner was appointed as Medical Officer vide order dated 04.03.2015 pursuant to recommendation made by U.P. Public Service Commission. It is next submitted that Government Orders dated 28.02.2014, 03.04.2017 and 07.03.2018 provides for higher education to the Medical Officer in Government Medical Colleges, who is already working in State Government Services along with certain concessions and a bond required to be filled up by such Medical Officers. In the bond, it is mentioned that candidates require to deposit Rs. 1 Crore in case of nonsubmission of joining after completion of Master Degree.

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He next submitted that availing such facility, petitioner has appeared in NEET PG Examination- 2020-21 and secured 1522 rank. Based upon result, instead of Government Medical College, petitioner has been allotted private medical college i.e. Era Medical College, Lucknow (Private Minority Institution) in MD Anesthesia. After completion of course, petitioner has not turned up to join services, upon which, impugned order has been passed.

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He firmly submitted that all Government Orders are made for admission in Government Medical Colleges whereas petitioner was allotted private medical college and is not bound by the terms & conditions of bond dated 05.02.2020 submitted by the petitioner. Therefore, impugned order is bad and liable to be set aside.

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Learned standing counsel prays for and is granted one week time to seek instruction about the matter.

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List this case on 18.12.2024 amongst top ten cases.

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Till then, no coercive action shall be taken against the petitioner.

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Order Date :- 11.12.2024/Sartaj

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Digitally signed by :- SARTAJ AHMAD High Court of Judicature at Allahabad, Lucknow Bench

Dr.Asad Khalid v. State of U.P. Thru. Prin. Secy. Medical Health and Family Welfare Lko and 5 Others

Case brief

What is this about?

What did the court decide?

Dr.Asad Khalid v. State of U.P. Thru. Prin. Secy. Medical Health and Family Welfare Lko and 5 Others

Case brief

What is this about?

What did the court decide?

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