Surendra Prasad Mehata v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17994 of 2018 ====================================================== Surendra Prasad Mehata, Son of Arjun Prasad Mehta, Resident of VillageTitae Bigha, P.S. Mufassil, District- Aurangabad. ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Health Department, Government of Bihar, Patna.

2.

The Principal Secretary, Health Department, Government of Bihar, Patna. 3.

The Director in Chief (Admin), Health Directorate, Bihar, Patna. 4.

The Regional Deputy Director Health, Magadh Division, Gaya. 5.

The Chief Medical Officer cum Civil Surgeon, Aurangabad. 6.

The District Magistrate, Auangabad.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vinay Ranjan, Advocate For the Respondent/s :

Mr.S.D. Yadav- AAG-9 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 06-01-2020 The petition filed on 06.09.2018 is listed for hearing for the first time today before the Court.

Heard learned counsel for the petitioner and learned counsel for the respondents.

Petitioner has prayed inter alia for the following relief/s: "For issuance of Writ in the nature of mandamus commanding and directing the respondents authorities to post/appoint the A.N.M. (Nurse) in all the Primary Health Centre / Additional Primary Health Centre, District of Aurangabad, which is vacant since long and due to that the female patient of the District are facing immense problem and further for issuance of any other appropriate writ/writs order/orders it may deem fit and proper."

Patna High Court CWJC No.17994 of 2018 dt.06-01-2020 2/2 After the matter was heard for some time, learned counsel for the petitioner submits that petitioner shall be content if a direction is issued to the concerned respondents to consider and decide the representation, which the petitioner shall be making afresh within a period of four weeks from today. Learned counsel for the State states that upon receipt of such request, if any, the same shall be dealt with in accordance with law, expeditiously and positively within a period of three months from the date of receipt thereof.

Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law.

We are hopeful that as and when petitioner takes recourse to such remedies, as are otherwise available in law, before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch. The petition stands disposed of in the aforesaid terms. (Sanjay Karol, CJ) ( Anil Kumar Upadhyay, J) uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date 09.01.2020 Transmission Date NA