Rahul Kumar v. State of Uttarakhand

SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar's order with Signatures COURT'S OR JUDGE'S ORDERS

WPMS/2001/2026

Rahul Kumar

… Petitioner Versus State Of Uttarakhand … Respondent

Hon'ble Manoj Kumar Tiwari, J

¶1Ms. Rajni Supyal Latwal, learned counsel for the petitioner.

¶2Mr. Jayvardhan Kandpal, learned Standing Counsel for the State of Uttarakhand.

¶3Mr. I.D. Paliwal, learned Standing Counsel for the State of U.P.

¶4By means of this writ petition, petitioner has sought the following reliefs:-

(i) writ order or direction in the nature of certiorari quashing the impugned recovery certificate issued by the respondent No. 3 for recovery of Rs. 32,59,483/- as land revenue from the petitioner (Annexure No. 7 Page No. 34 to 41 of the writ petition) and subsequent recovery citation issued by Tehsildar Dhampur District Bijnor U.P.(Annexure No. 9 Page No. 45 to 46 of the writ petition).

(ii) a suitable writ order or direction in the nature of mandamus commanding the respondent No. 1 to 3 to adjust the period of 281 days which have been served by petitioner in Hilly area of Uttarakhand before admission in P.G. Courses and count the same in period served by the petitioner in the service which has been served by hyim in hilly area after completing the P.G. Course including the period of allowed casual leave.

¶5According to petitioner, he pursued MBBS Course after giving an undertaking that he will render service in hill areas of

State of Uttarakhand for a period of five years, and upon completing MBBS Course, he rendered 281 days service in Primary Health Centre in District Pithoragarh.

¶6It is further his case that petitioner was thereafter selected for admission in P.G. Medical Course and he completed said Course from State of Jharkhand, and subsequently he rendered service for two years, one month & nine days in District Hospital, Champawat.

¶7According to petitioner, a Doctor, who has completed P.G. Medical Course at his own expense, is liable to serve for three years instead of five years, as per the undertaking obtained by State of Uttarakhand.

¶8Petitioner is aggrieved by citation for recovery of ₹32,59,483/- issued by Tehsildar Dhampur, District Bijnor (U.P.). Petitioner contends that he is not liable to pay anything as he has already completed three years of service in the State, as per the Government Policy.

¶9Learned State Counsel submits that petitioner should have approached the Competent Authority with necessary facts and figures, instead of rushing to this Court.

¶10This Court finds substance in the said submission. Since petitioner has raised a factual dispute, therefore, in the absence of relevant material, this Court is not in a position to adjudicate as to whether petitioner has completed the requisite length of service, as he was required to serve, as per the undertaking

given by him at the time of admission in MBBS Course.

¶11The writ petition is, accordingly, disposed of with liberty to petitioner to make representation to Director General, Medical Health & Family Welfare, Dehradun. If he makes representation within one week from today, Director General shall take decision thereupon, as per law, within three weeks thereafter. For a period of four weeks or till decision is taken by Director General, whichever is earlier, no coercive action shall be taken against the petitioner.

¶12In case, petitioner fails to make representation within one week, then he will not be entitled to protection of this order, and the Competent Authority shall be at liberty to proceed against him, as per law.

(Manoj Kumar Tiwari, J)

07.07.2026 Aswal

NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND,

2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08 b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DAC F4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2026.07.07 05:41:24 -07'00'