JUDGMENT

B.K. MISRA, J.

The petitioners namely, the Dean and Principal as well as the Superintendent of M.K.C.G., Medical College and Hospital, Berhampur being aggrieved with the order of the Permanent Lok Adalat for Public Utility Services Ganjam, Berhampur in P.L.A. Case No. 24 of 2011 dated 7th February, 2012 directing the petitioners to keep open at least one flap of the twin western gate allowing patients, ambulance and other light motor vehicles to reach the hospital hassle free for enabling persons who are in need of medical care have approached this Court by invoking the extra-ordinary jurisdiction under Article 226 and 227.

2. One Sri Bijaya Kumar Patnaik of Berhampur belonging to the legal profession filed an application under Section 22C(1) of the Legal Services Authorities Act, 1987 praying for a direction to the Superintendent as well as Dean and Principal of M.K.C.G. Medical College and Hospital, Berhampur to reopen the western gate of the Hospital which was abruptly locked on 7th September, 2011 on the pretext of prohibiting entry of heavy vehicles and to curb antisocial activities in the college campus by undesirable elements and ensure security to the patients and students of the Medical College.

3. According to the applicant there exists two gates leading to the M.K.C.G. Medical College and Hospital i.e. eastern gate which is said to be the main gate facing the eastern part of Berhampur city. The rear gate i.e. the western gate faces the new bus stand of the city on Gate Bazar-Goilundi road which also touches National Highway number 59. According to the applicant people from various parts of Ganjam district and also from other southern districts come to Berhampur for receiving best of medical treatment as M.K.C.G. Medical College and Hospital, Berhampur caters to the health problem of the people in the absence of any other good hospital in the area. The people who come by bus and by other modes to Berhampur have easy accessibility to the hospital through the western gate but by its closure they have to traverse almost two kilometers that too a busy and congested road for coming to the Medical College Hospital. It is the further case of the petitioner that when the State Government has spent huge amount of money by erecting the western gate with pedestrian passages and security check post there is no justifiable reason for closure of the western gate. It is alleged that the said action of the authorities has affected the fundamental rights of the patients in getting medical services. Thus, the petitioner approached the permanent Lok Adalat for Public Utility Services for redressal of his grievance.

4. The present petitioners who were the respondents in P.L.A. Case No.24 of 2011 filed their joint written statement before the Permanent Lok Adalat for Public Utility Services Ganjam-Berhampur wherein it is their case that the western gate in question has been closed as per the policy decision and for the welfare of the patients and also to maintain peace and tranquility and healthy hospital atmosphere since for the last 40 years. Besides that it is their case that when there are other ways to enter the medical college in question, the applicant cannot claim entry into the Hospital premises through a particular gate. Accordingly, they prayed for dismissal of the application.

5. The Permanent Lok Adalat for Public Utility Services Ganjam, Berhampur attempted to settle the dispute in between the parties by resorting to the provisions of Section 22C(7) of the Legal Services Authorities Act, 1987 but since the learned Addl. Government Pleader did not agree and stuck to the point that closure of the gate in question does not amount to deficiency in service rendered by the hospital, such attempt failed. Therefore, the Permanent Lok Adalat decided to deal with the dispute on merit under sub-section (8) of Section 22C of the Legal Services Act, 1987 and the impugned order at Annexure-1 was passed which has been challenged