Dr. Anand S/O Bhalchandra Barate And Others v. State Of Maha., Thr. Secretary, Ministry Of Health And Family Welfare, Mumbai And ORS.

1 61-WP-3071-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 3071 OF 2023 (Dr. Anand s/o Bhalchandra Barate & Ors. Vs. State of Maharashtra & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court' s or Judge'

s order and Registrar'

s orders.

Shri Abhijit Barahate with Shri Gaurav Dhaye, Advocate for the petitioners. Ms N.P. Mehta, Assistant Government Pleader for respondent nos. 1, 2, 4 and 5. Shri Pawan S. Dhenge, Advocate for the intervenors (CAW 1842/2023). CORAM : A. S. CHANDURKAR AND MRS. VRUSHALI V. JOSHI , JJ.

ATE : AUGUST 11 , 2023 Heard.

2] All the petitioners who have obtained the MBBS degree seek to raise a challenge to the order dated 28/4/2023 that has been issued by respondent no.2. By the said communication, a direction has been issued to the BAMS Medical Officers to rejoin at their place of posting and to place bonded candidates on remaining posts preferably in the Rural Hospitals and other hospitals stated therein.

3] The learned Assistant Government Pleader on instructions submits that out of 30 petitioners, about 10 have either resigned from their respective posts or have completed the term for which they were required to serve. Insofar as the other petitioners who are actually discharging duties, it is submitted on instructions that till their term is completed, they would not be released. 4] In the light of this statement on instructions, the purpose of filing the Writ Petition is served. It is clarified that this statement would apply only to those petitioners who are actually working.

5] A Civil Application for intervention has been filed by about 20 BAMS Doctors seeking leave to intervene in the present proceedings. They have also been heard in the present proceedings. In case they have any grievance, they are free to seek redressal of the same in accordance with law. 6] By recording the aforesaid statements, the Writ Petition is disposed of. No costs.

(MRS. VRUSHALI V. JOSHI, J.) (A. S. CHANDURKAR, J.) SUMIT