Disposed

Dr. Muktakar Singh and Another v. State of U.P. Thru. Prin. Secy. Medical Health and Family Welfare Lko. and 6 Others

Allahabad HC17 Dec 2024WRIA/12170/2024

Case brief

AI extract

What is this about?

In this writ petition, Dr. Muktakar Singh challenged an order directing him to deposit Rs. 1 crore as bond money for serving in UP Govt. services after completing his MS OPHTH in a private college, though the bond condition required admission in a government college which he did not take.

What did the court decide?

Allowed the petition prima facie; directed respondents to file a counter affidavit; listed for further arguments; stayed coercive action against the petitioner till the next date.

Dr. Muktakar Singh and Another vs State of… — Pension and Retirement Benefits | Allahabad HC (2024)

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Court No. - 6

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Case :- WRIT - A No. - 12170 of 2024

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Petitioner :- Dr. Muktakar Singh And Another Respondent :- State Of U.P. Thru. Prin. Secy. Medical Health And Family Welfare Lko. And 6 Others Counsel for Petitioner :- Rajesh Chandra Mishra 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 petitioners as well as learned Standing Counsel for respondents.

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It has been submitted by learned counsel for petitioners that petitioners had appeared in NEET P.G. examination for the Academic Session 2018-19 and got admission in Hind Medical College, Sitapur which is a private medical college to pursue his Post Graduate Course in MS OPHTH (Ophthalmology).

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It has been submitted that at the time when the petitioners got admission, they had already been appointed as Medical Officer in the Provincial Medical Services of State of U.P. and were working in District Raebareli. On completion of their post graduate course, the respondents by means of impugned order dated 22.11.2024 has directed the petitioners to deposit an amount of Rs. 1 crore in terms of the bond filled by the petitioners for serving in the State of U.P. for a period of ten

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years after completion of their post graduate degree course.

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Learned counsel for petitioners submits that as per the conditions of the bond filled by the petitioners at the time of admission in post graduate course undoubtedly the petitioners have undertaken to serve in the State of U.P. for a period of ten years but one of the essential conditions was that the petitioners 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 petitioners never took the benefit of the said policy of the government which is evident from the government order dated 03.04.2017 and accordingly respondents cannot seek to recover the amount from the petitioners inasmuch as the took admission in private medical college no 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 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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List this case on 18.02.2025.

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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

Dr. Muktakar Singh and Another v. State of U.P. Thru. Prin. Secy. Medical Health and Family Welfare Lko. and 6 Others

Case brief

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What did the court decide?

Dr. Muktakar Singh and Another v. State of U.P. Thru. Prin. Secy. Medical Health and Family Welfare Lko. and 6 Others

Case brief

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