WP/20867/2020 of PREETI PATEL Vs NATIONAL HEALTH MISSION on 31 December 2020

Arguments

HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE(SINGLE BENCH : HON. Mr. JUSTICE VIVEK RUSIA)

W.P. No. 20867 of 2020

(Preeti Patel. V/s. State of M.P. & others.)

Date : 31.12.2020:

Shri Siddharth Gupta, learned counsel for the petitioner.

Shri Ramkrishna Shastri, learned Panel Advocate forrespondents No.1 to 3 has informed that the petitioner’srepresentation has already been decided and the matter is squarelycovered by the order of the Division Bench dated 22.10.2020 passedin WP No.16109/2020 in the case of Hansraj Dhakar and others Vs.National Health Mission, State of M.P. & others. He has submittedthat the writ petition can be disposed off in terms of the order of theDivision Bench.

Learned counsel for the petitioner has not disputed thisaspect of the matter.

The Division Bench at Jabalpur in the case of Hansraj Dhakar (supra) has passed the following order:- “Heard through Video Conferencing.

Shri Siddharth Radhe Lal Gupta, learned counsel for thepetitioners.

The petitioners by way of present petition seek followingrelief- "(i)- That this Hon'ble Court be pleased to issue anyappropriate writ/order/direction directing the respondentauthorities for calling all the petitioners for training programconducted at the CHW-PSCs, in terms of the process initiated inpursuance of the notice dated 31.07.2020 & 23.09.2020, at parwith the candidated who were called despite being lower in meritlist.

(ii) - Alternatively, without prejudice to the above, that thisHon'ble Court be pleased to issue any appropriatewrit/order/direction quashing the public notice dated 31.07.2020and 23.09.2020 issued by the respondent authorities by declaringthe process initiated in pursuance thereof for induction oftrainees for the CHW-PSCs under the NHM MP program, asillegal, discriminatory, arbitrary, and therefore violative ofArticle 14 of the Constitution of India, in view of the various reasons and grounds as mentioned in the present petition and directing the respondent authorities forconducting the entire training induction process afresh in view ofthe serious discrepancies in the counselling process, as pointedout above.

(iii) - Alternatively, without prejudice to the point i.) abovethat this Hon'ble Court be pleased to issue anyappropriate/order/direction quashing the public notice dated23.09.2020 issued by the respondent authorities by declaring theprocess continued in pursuance thereof for induction of traineesfor the CHW-PSCs under the NHM MP program, as illegal,discriminatory, arbitrary and therefore violative of Article 14 ofthe Constitution of India in view of the various reasons andgrounds as mentioned in the present petition and directing therespondent authorities for conducting the entire traininginduction process afresh in view of the serious discrepancies inthe counselling process, as pointed out above."

Shri Brahmadatt Singh, learned counsel who appear onadvance notice for respondent No.1-National Health Mission,submits that the representation preferred by the petitioner hasbeen considered by the respondent and a decision is taken thatthese three petitioners shall be accommodated in thepreappointment training session which will begin in January2020-21.

In view whereof, since a decision is already been taken byrespondent No.1, learned counsel for the petitioners submit thatthe reliefs having been worked out, the petition may be disposedof accordingly.

In these given fact situation the petition stands disposed offinally in above terms.”

In view of the undisputed position that the present casealso stands on the same footing, the present writ petition is disposedoff by holding that the directions issued in the case of HansrajDhakar (supra) will apply mutatis mutandis in the present case also.

C.C. as per rules.

Alok/-

( VIVEK RUSIA )

V. JUDGE

Digitally signed by Alok Gargav Date: 2021.01.02 15:33:20 +05'30'