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SUPREME COURT OF INDIA

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PETITIONER:

STATE OF BIHAR AND ORS

Vs.

RESPONDENT:

KAMLESH JAIN

DATE OF JUDGMENT05/11/1992

BENCH:

[LALIT MOHAN SHARMA, S. MOHAN AND N. VENKATACHALA, JJ.]

ACT:

Constitution of India, 1950:

Articles 32 and 226-Public Interest Litigation-Writ

Petition filed seeking relief for an ailing doctor, staying

with brother Maintainability of-High Court granting relief-

Validity of-State not expected to choose individuals for

special treatment-Judicial process not to be allowed to be

used for the satisfaction of individual whims-Guidelines for

entertainment of such claims laid down.

HEADNOTE:

A large number of doctors employed in the State Health

Services of the appellant-State were leaving India for

higher studies, after obtaining leave for a couple of years,

and thereafter, they were neither returning to India, nor

were sending any further applications for extension of

leave. This was causing considerable hardship to the public.

As this trend persisted, the state authorities wanted to

take appropriate corrective steps. Since the absentee

doctors had not informed the department of the