High CourtsDivision Bench(2023) 08 UK CK 0131

Dr. Mansi Chaudhari vs State Of Uttarakhand & Others

Uttarakhand High Court · Decided on 21 August 2023

HON’BLE JUDGES
Vipin Sanghi, CJ · Rakesh Thapliyal, J
RESULT
Dismissed
CASE NUMBER
Special Appeal No. 316 Of 2023

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Judgment

7 paragraphs · 261 words

Vipin Sanghi, CJ

1.

The present special appeal is directed against the order dated 14.08.2023, whereby the interim relief sought by the appellant- writ petitioner in Writ Petition (M/S) No.2290 of 2023, was rejected by the learned Single Judge. The writ petition is still pending consideration before the learned Single Judge.

2.

The appellant- writ petitioner did her MBBS in the year 2018. After undergoing internship period, the appellant was posted at Chamoli to serve during the 05 year bond period. However, she did not join at the said posting, and disappeared for about five years. She surfaced, thereafter, claiming that she had secured admission in the P.G. course, and to pursue the same, she required her certificates and No Objection Certificate from the State. Since the same was not granted, she approached this Court by filing a writ petition, aforesaid. The learned Single Judge has taken note of the appellant’s conduct and has rejected her application for interim relief whereby she wants release of her certificates and issuance of No Objection Certificate.

3.

In our view, the learned Single Judge has rightly rejected the said relief looking to the appellant’s conduct. Moreover, the grant of the relief, as sought by the appellant-writ petitioner, at the stage of admission of the writ petition, would have amounted to granting her final relief, which could not have been done in the facts and circumstances of the case.

4.

We see no reason to interfere with the impugned order.

5.

The appeal is accordingly dismissed.

6.

Pending application, if any, also stands disposed of.