( 1 ) THE petitioners in W. P. No. 1178 of 1972 are all employees working in the Municipal Allopathic dispensary, Tirupati, Chittoor District. They have filed the said Writ Petition challenging the Resolution No. 944 of the Municipal Council passed on 7th January, 1972, directing the closure of the said dispensary.

( 2 ) W. P. No. 4885 of 1972 is filed by some of the residents of Tirupati town, challanging the order of the Government passed in G. O. Ms. No. 1554, Health, dated 6th October, 1972, approving the resolution Nos. 944 dated 7th January, 1972 and 1010 dated 3rd March, 1972 passed by the Municipal Council, tirupati, to close down the Municipal allopathic Dispensary.

( 3 ) THE facts giving rite to the writ petitions are as follows. Tirupathi municipality was constituted on 1st April, 1886 and it was upgraded as second grade municipality on 1st October, 1962 and as First Grade Municipality on nth October, 1965. It was upgraded to Special Grade Municipality with effect from 1st October. 1970, pursuant to the orders of the Government in g. O. Ms. No. 100, M. A. dated 13th february, 1970. In the administration report of the Tirupati Municipality for the year 1972-73, the population of tirupati town was mentioned as 65,847 as per 1971 census.

( 4 ) IN the year 1964, the Municipal commissioner, Tirupati, in his Roc. No. 7825/hi/63 dated 4th July, 1964, wrote to the Government for the sanction of opening of an Allopathic Dispensary in Tirupati Municipal limits. In that, he pointed out the necessity for such a dispensary and gave the following reasons:" I submit that this Municipal area extending over 1. 7 sq. miles commands a population of 35,836 and floating population of about 50,000. To cater to the needs of the citizens of this place and also of about 50,000 people living in the villages within a radius of 6 miles from this place, only one hospital called the Ruia Hospital opened by the Government is situated about a distance of about 2 miles from the inhabited localities of this Municipalarea. As the said only one Men Hospital is situated at a distance of 2 miles from the town and as it is situated at a little high gradient the patients, particularly, the inhabitants of the Municipal area are obliged to go to such a long distance for medical aid at an expense of Re. 1 for rickshaw or jutka not to speak of the time to be spent for traversing the distance and it is found, indeed, an expensive affair even to a lower middle class family, not to speak of the plight of a poor class family, to get at the hospital. Thus, many people that cannot afford to obtain medical treatment at the hands of private Medical Practitioners who are naturally not very well-equipped with the necessary implements, as are obtainable in a Government Hospital are, practically denied the normal and adequate medical aid at the expense of the Government. Considering all these circumstances, the municipal Council, Tirupati, is impelled to think of the dire necessity of "opening an Allopathic Dispensary for the benefit of the public at large, particularly, citizens of this municipal area, and resolved in its resolution C. R. No. 114, dated 17th june, 1964 (copy enclosed to open an allopathic Dispensary ). Necessary provision is made in the budget for 1964-65 for the said purpose and for appointing necessary staff. "

( 5 ) THIS proposal was accepted by the government and necessary sanction was accorded by it in its G. O. Ms. No. 113 dated 15th January, 1965. Pursuant to the said sanction the Municipality opened an Allopathic Dispensary in the heart of the town so as to be within the easy reach of all the residents of the municipality and the neighbouring villages and the dispensary was being maintained and run by the Municipality ever since.

( 6 ) IN the Administration Report of the municipality for the year, 1971-72 it is stated as follows :- "municipality continued to maintain one Allopathic free dispensary during the year, under report to cater to the nee