IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/S) No. 1085 of 2010 Akshat Tamta and others …….Petitioners. Versus State of Uttarakhand and another …Respondents. Sri R.C. Upadhyay, Advocate present for the petitioners. Sri Dinesh Gahtori, Standing Counsel present for the State. Hon’ble Sudhanshu Dhulia, J. (oral) Heard Sri R.C. Upadhyay, Advocate for the petitioners and Sri Dinesh Gahtori, Standing Counsel for the State. The petitioners have completed their MBBS studies from Himalayan Institute Hospital Trust Jolly Grant, Dehradun. All the petitioners were granted admission in the said medical college on Government seats. For the students who had taken admission on Government seats, there was further benefit granted to such students belonging to economically weaker sections inasmuch as vide order dated 28.9.2006 such medical students who come from economically weaker section and are not in a position to pay their medical fee, they would be provided a loan from a nationalised bank and 50 per cent of the amount so taken by these medical students will be treated as subsidy by the Government. In effect, therefore, such borrowers i.e. the medical students who have availed such a benefit will only have to repay 50 per cent of the said loan amount. Consequent to the said order dated 28.9.2006, a tripartite agreement was signed between the State Government, the concerned bank and the concerned medical students. One of the essential conditions of the agreement was that after completing his medical studies, the student shall serve for at least 5 2 years in a hill area in the State of Uttarakhand as a medical officer. This condition was also there in the Government order dated 28.9.2006, by which such a benefit was granted in the first place. It is an admitted case that all the petitioners have completed their MBBS studies from Himalayan Institute Hospital Trust Jolly Grant, Dehradun. All of them had availed the benefit of the loan facility in terms of Government order dated 28.9.2006 and all of them had signed the tripartite agreement as envisaged in the Government order. Now after completing their MBBS studies, when the time has come to redeem their pledge and the undertaking given in the tripartite agreement/bond, these petitioners simply wish to back out from the agreement and their undertakings. The two main prayers which they have made in the writ petition are as follows :- “(i) To issue a writ, order or direction in nature of certiorari to quash the Government order dated 28.9.2006 to the extent of rule 6 (Annexure 1) which is discriminatory. (ii) To issue a writ, order or direction in the nature of mandamus directing that the respondents shall not compel the petitioners for serving in the hilly regions for five years.” Once the petitioners have undergone their medical studies after taking benefit of a Government order, whereby 50 per cent of their tuition fee has been waived and has been treated as Government subsidy and remaining 50 per cent was given as loan amount which is only payable by them after they get into Government service, they cannot be allowed to back out from the agreement. One of the main grounds of the petitioners is that they have not received the subsidy on the entire loan 3 amount. This argument of the petitioners is also misconceived as tripartite agreement clearly states that the petitioners will be given subsidy of only 50 per cent of the tuition fee. Admittedly, 50 per cent of the subsidy of the tuition fee has been given. Moreover, it is too late in the day to challenge the agreement on this technicality, as the agreement was signed and the loan was taken as far back as in the year 2006. Further, as it is evident from the Government Order dated 28.9.2006, the financial benefit and the waiver of tuition fee were given to these students so that they may be able to complete their medical studies and serve for a minimum period of five years in the remote hill areas in the State of Uttarakhand, as the Government was conscious of the fact that most of the remote areas in the hills, even primary medical facilities are not available to the villagers. The scheme under which the loan facility was granted to the petitioners being in public interest cannot be interfered with. Moreover, as it has already been referred in the preceding paragraph, even otherwise there are no grounds under which any interference can be made by this Court and no relief, as sought by the petitioners, can be granted by this Court. The writ petition is totally devoid of merit and is dismissed as such. No order as to costs. Interim order, if any, stands vacated. Registrar General of the High Court of Uttarakhand is directed to send a copy of this order to the Secretary Medical Health and Family Welfare, State of Uttarakhand. (Sudhanshu Dhulia, J.) 14.2.2011 Avneet