RAHUL KUMAR vs STATE OF UTTARAKHAND

UKHC010153372026

2026:UHC:7816

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

WPMS/2637/2026


Rahul Kumar
--Petitioner
Versus
State of Uttarakhand & Others
--Respondents

Hon’ble Manoj Kumar Tiwari, J.



Ms. Rajni Supyal, Advocate, for
the petitioner.
Mr. Suyash Pant, Standing
Counsel, with Mr. P.S. Bisht, Brief Holder,

for the State.
(2) Petitioner has challenged order
dated 23.7.2026 passed by Director
General, Medical Health and Family Welfare,
Uttarakhand. By the said order,
representation submitted by petitioner
against recovery certificate issued by
Director General was rejected by holding
that petitioner is yet to complete service of
2 years 1 month and 15 days in
remote/hilly areas of Uttarakhand, as per
the condition of bond given by him while
taking admission in MBBS Course. The bond
was executed by the petitioner for
admission in MBBS Course on subsidised
fee and one of the conditions of the bond
was that in case petitioner fails to serve for
five years in remote/hilly areas of
Uttarakhand, then he shall pay rupees
thirty lakhs to the State Government, which
shall be recoverable under Public Debt
Recovery Act/Revenue Recovery Act.
Director General has held that as against
minimum 5 years service to be rendered in

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2026:UHC:7816

remote/hilly areas, petitioner has served
only for 2 years 10 months and 15 days
and he is yet to complete remaining 2 years
1 month and 15 days, therefore petitioner
is liable to deposit ₹13,85,284/- through
bank draft with Principal, Government
Medical College, Sringar.

(3) Petitioner, however, contends that
as per Clause 7 of the Government Order
dated 23.7.2008, the condition of five years
compulsory service is reduced to three
years qua the persons who have obtained
Post Graduate Medical Degree at their own
expense, which aspect was not considered
in the impugned order. It is further
contended that petitioner served for 281
days between 15.3.2014 to 30.4.2016 in
Community Health Centre, Berinag, District
Pithoragarh and after completing Post
Graduate Medical Course, he served as
D.N.B. General Surgeon in District Hospital,
Champawat for following periods:
(i) 02.06.2020 to 08.9.2020 = 99 days
(ii) 15.5.2021 to 31.12.2021 = 246 days
(iii) 01.1.2022 to 31.12.2022 = 365 days
(iv) 01.1.2023 to 28.02.2023 = 59 days

(4) It is pleaded in para 14 of the writ
petition that petitioner was allowed 14 days
casual leave in a year and he earned total
42 days casual leave in three years of his
service. Thus it is contended that petitioner
has served for the prescribed duration of
three years in terms of Government Order
dated 23.7.2008, therefore he is not liable
to pay any amount.

(5) Learned State Counsel, however,
submits that Government Order dated
23.7.2008, in its Clause 7, provides that
doctors who have obtained MS/MD Degree

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2026:UHC:7816

and have completed three years service in
remote/hilly areas are required to deposit
rupees fifteen lakhs in lump sum. He
further submits that the contention raised
by the petitioner that he has completed
three years of bonded service is not correct
and he has served only for 2 years 10
months and 15 days.

(6) Since Director General has failed
to consider Clause 7 of Government Order
dated 23.7.2008 and there is also a dispute
regarding actual service rendered by the
petitioner, in terms of the bond, therefore,
matter is relegated to Director General,
who shall consider the aforesaid aspects
and pass fresh order, as per law, within six
weeks. Only for a period of six weeks, no
coercive action shall be taken against the
petitioner.

(7) With the observations/directions
as above, writ petition stands disposed of.





(Manoj Kumar Tiwari, J.)

1.9.2026
Pr




















PRABODH
KUMAR
Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF
UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3ae
ab198d462503, postalCode=263001, st=UTTARAKHAND,
serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052 DF6FCA58C67F3C91957BE53, cn=PRABODH KUMAR
Date: 2026.09.03 19:24:49 +05'30'

UKHC010153372026

2026:UHC:7816