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High Court Of Orissa
SUSANTA CHATTERJI, DEEPAK MISRA
MAHENDRA PRATAP SINGH - Appellant
Versus
STATE OF ORISSA - Respondent
O. J. C. 6359 Of 1995
Decided On : 07/29/1996
HEALTHCARE - PRIMARY HEALTH CENTRE - CONDITIONS FOR ESTABLISHMENT - SUBSTANTIAL COMPLIANCE - INACTION OF AUTHORITIES - DIRECTIONS TO COMPLY WITH CONDITIONS AND ESTABLISH HEALTH CENTRE.
Fact of the Case:
The petitioner, an Ex-Sarpanch of Pachhikote Grama Panchayat, filed a writ petition seeking a direction to the authorities to establish and run a Primary Health Centre (PHC) in Pachhikote, Jaipur district, in accordance with the conditions set by the Government. The conditions included providing one acre of land and constructing permanent buildings for the health centre and staff quarters. The petitioner claimed that the conditions had been substantially complied with, but the authorities had failed to take effective steps to establish the PHC.
Finding of the Court:
The court found that the petitioner had transferred one acre of land in favor of the Department of Health, which was substantial compliance with condition no. (i). However, condition no. (ii), which required the construction of permanent buildings, had not been fully complied with. The court also found that the authorities had failed to make any genuine efforts to establish the PHC, despite the fact that staff had been posted to the center.
Issues: 1. Whether the conditions for the establishment of the PHC had been substantially complied with. 2. Whether the authorities had acted reasonably in not establishing the PHC.
Ratio Decidendi: The court held that the violation of condition no. (i) should not be used against the public at large and that it should be regarded as substantial compliance. The court also held that the authorities had not acted reasonably in not establishing the PHC, despite the fact that staff had been posted to the center. The court emphasized the importance of providing healthcare to the people and directed the authorities to take steps to establish the PHC within a specified timeframe.
Final Decision: The court directed the Pachhikote Grama Panchayat to comply with the formalities relating to condition no. (ii) by the end of December 1996. The court also directed the Secretary, Health to depute a responsible officer to visit the building meant for the hospital and give suggestions to the competent authorities of the Grama Panchayat for due compliance of the formalities. The court further directed the Government to establish the PHC within three months from the date of the order.
DIPAK MISRA, J.
( 1 ) THE petitioner, an Ex-Sarpanch of Pachhikote Grama Panchayat on behalf of public of the aforesaid Grama Panchayat has approached this Court in the present writ application for issuance of appropriate writ commanding the opposite parties to take effective measures to run Primary Health Centre at Pachhikote within Korei block in the district of Jaipur by providing all amenities and facilities for proper running of the said health centre.
( 2 ) THE facts, bereft of unnecessary details as unfolded are:- On the basis of demands of the local people and public at large, the Government of Orissa in the Department of Health and Family Welfare decided to open certain primary health centres in different areas for the year 1991-92 subject to fulfilment of certain conditions. The aforesaid decision was communicated to the concerned authorities by letter No. 23501 dated 21-6-1991. In the said communication, the name of 'pachhikote Gram Panchayat in Korei Block found place. The conditions which are to be filled up are as follows:--" (I) The local people should provide minimum one acre of land duly pledged in favour of the Panchayat Samiti for the Medical Institution within a period of one month from the date of issue of this order. (ii) The local people should provide permanent buildings for the medical institutions as well as for the staff within 6 (six) months from the date of issue of this order. "the aforesaid decision was intimated to the Sarpanch of 'pachhikote' Gram Panchayat by the Block Development Officer, 'korei' and on the basis of the aforesaid correspondence a meeting was conveyed at the level of the Grama Panchayat and a decision was taken to fulfil the conditions and a resolution was passed by the Grama Panchayat in the said premises. In pursuance of the said resolution, sale deed was executed by one Sri Gobinda Ch. Singh in favour of the State of Orissa on 3-9-1992 transferring one acre of land for the purpose of hospital. The sale deed was executed after obtaining due clearance from the Block Development Officer. In the meantime, the petitioner was elected as Sarpanch of the Grama Panchayat in question and there was correspondence between him and the Chief District Medical Officer and the Block Development Officer to carry out the scheme for opening of the Primary Health Centre. The Block Development Officer by letter No. 3482 dated 22-9-1992 intimated the Chief District Medical Officer about the execution of the sale deed and requested him to provide plan and to take necessary action for opening of the primary health centre in 'pachhikote' Grama Panchayat. The Chief District Medical Officer, opposite party No. 3 provided necessary plan for construction of the building for the health centre and the staff quarters and the construction commenced on the basis of the said plan. While building work was in continuance in order to avail the benefits of functioning of primary health centre at Pachhikote Grama Panchayat, by resolution dated 29-7-1993 the Grama Panchayat resolved to provide their well furnished newly constructed Grama Panchayat office building for the purpose of holding of Primary Health Centre till the completion of the new building. The Block Development Officer, Korei in his letter No. 1903 dated 31-7-1993 requested the competent authorities to depute required medical staff and the doctor for running of the Primary Health Centre at the Grama Panchayat office for the benefit of the public at large. On receipt of the letter from the Block Development Officer, the Chief District Medical Officer, Jajpur requested the Director of Health Services to move the Government for sanction of the posts for the aforesaid primary health centre and ultimately posts were sanctioned by the Government and immediately one Doctor-Assistant Surgeon was posted at the P. H. C. Pachhikote. There after on 5-1-95 order was passed posting one Pharmacist to Pachhikote. On 27-1-1995 one health worker and thereafter an att
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