All India Student Fedreation Through President Of Bihar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14268 of 2019 ====================================================== All India Student Fedreation through President of Bihar State council namely, Ranjit Pandit, aged about 35 years, Sex-Male, S/o Parshuram Pandit, resident of vill.Gazipur P.S.-Desari, District-Vaishali. ... ... Petitioner/s

Versus

1.

The State of Bihar through Chief Secretary, Government of Bihar, Patna.

2.

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

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

For the Petitioner/s :

Mr. Dinu Kumar,Advocate :

Miss. Ritika Rani,Advocate Mr. Arvind Kumar Sharma,Advocate.

:

Mr. Vijay Kumar Vimal,Advocate For the Respondent/s :

Mr. S.D.Yadav (Aag9) Union of India :

Ms. Kanak Verma (CGC) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 02-03-2020 Petitioner has prayed for following reliefs:- "A. For commanding the State respondents to fill up 4103 Medical officer, 9725 ANM, 2618 Grade A Nurse against sanctioned post in order to provide proper medical attention to the people in the State of Bihar considering only 30 to 40% post of teaching and non-teaching posts of the Medical Officer in Govt., Hospital are functioning.

B. Also for commanding the respondents to ensure proper building of Indian Public Health Centre, Primary Health Centre, Additional Primary Health Centre, Health Sub Centre in the State of Bihar.

Patna High Court CWJC No.14268 of 2019(9) dt.02-03-2020 2/3 C. Also for commanding the respondents to provide own building of Health Sub Centre, Loma, Block- Jandaha, District, Vaishali, Health Sub Centre, Misdipur, Jandaha, Additional Primary Health Centre, Bijrauli, Jandaha, District- Vaishali.

D. Also commanding the respondents specially the Principal Secretary, Health Department, Govt. of Bihar, Patna about dilapidated condition of the building in the Primary Health Centre and function and many Primary health Centre and not function in own building as per request made by the Civil Surgeon cum Member Secretary, District, Health Society on 18-03-2019 as contained in Annexure 5.

E. Also for necessary relief/reliefs, order/ orders, direction/directions for which the petitioner is entitled in the eye of law."

From the affidavit dated 07.02.2020 filed on behalf of respondent no.1, we notice that for filling up the post of 9130 of GNM/Nurse Grade A, step has already been taken on 29.01.2020. Also the requisition for filling up the said post stand sent to the Bihar Technical Service Commission, Patna. It is clarified that the issue of unutilized amount for the infrastructure is now being dealt with in another writ petition and, thus, scope of present petition was confined only with regard to filling up of the post of GNM(grade A) Nurse. As such, we dispose of the present petition with a direction to the Bihar Technical Service Commission, Patna to

Patna High Court CWJC No.14268 of 2019(9) dt.02-03-2020 3/3 ensure that direction for completion of the process of filling up the post is complied at the earliest.

If aggrieved, petitioner will have the liberty to approach the court afresh for the same and subsequent cause of action, if so required and desired.

(Sanjay Karol, CJ) ( S. Kumar, J) Rahul/- U