High Court dismissed two writ petitions challenging an old Government Resolution transferring a Primary Health Centre, noting that other facilities exist at the location and the primary concern should be ensuring those facilities are provided there.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
WRIT PETITION NO. 2737 OF 2008
Devidas Bhaurao Jadhav and another.. Petitioners
Versus
The State of Maharashtra and others.. Respondents
Mr. V. D. Sapkal, Advocate for the Petitioners.
Mr. K. N. Lokhande, A.G.P. for Respondent Nos. 1
and 4.
Mr. S. N. Kendre, Advocate for Respondent Nos. 2 and 3. ( Absent )
WITH
WRIT PETITION NO. 1723 OF 2008
Raghunath Chabu Gore.. Petitioner
Versus
The State of Maharashtra and others.. Respondents
Mr. P. M. Janapurkar, Advocate for the Petitioner. ( Absent )
Mr. K. N. Lokhande, A.G.P. for Respondent No. 1. Mr. S. N. Kendre, Advocate for Respondent Nos. 2 and 3. ( Absent )
CORAM: S. V. GANGAPURWALA &
R. G. AVACHAT, JJ. DATE: 19th October, 2018
PER COURT :
1.In both these writ petitions the petitioners
are challenging the Government Resolution
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transferring the Primary Health Centre from Mouje
Devgaon Rangari to Mouje Chapaner, Taluka –
Kannad, District - Aurangabad.
2.We have heard Mr. Sapkal, learned counsel for
the petitioners in Writ Petition No. 2737 of 2008.
None appears for the petitioner in Writ Petition
No. 1723 of 2008.
3.The learned counsel for the petitioners
submits that there is no Primary Health Centre in
the circle of Devgaon Rangari. There is no
propriety in transferring the Primary Health
Centre to Chapaner. The respondents if they want
can establish an independent Primary Health
Centre, but for that purpose they need not
transfer the Primary Health Centre situated at
Deogaon Rangari. Providing basic medical
facilities is the responsibility of the State.
4.The learned A.G.P. submits that the rural
hospital exists at Deogaon Rangari. Rural hospital
is run by the State Government, and Public Health
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Centre is run by the Zilla Parishad.
5.In case, the rural hospital exists at Deogaon
Rangari, then the medical facilities would be
available at Deogaon Rangari. There was no stay to
the impugned Government Resolution transferring
the Primary Health Centre to Chapaner. The
Government Resolution transferring the Primary
Health Centre to Chapaner is passed on 08.02.2008,
more than ten and half years back. The Government
Resolution states that the Primary Health Centre
is transferred to Chapaner considering the
geographical location, the availability of space,
road, water and other things.
6.In view of that, though, at this stage the
order of transfer of Primary Health Centre need
not be interfered with. We are observing this as
it is submitted that the rural hospital exists at
Deogaon Rangari. If the proper facilities are not
provided in the said rural hospital at Deogaon
Rangari, then the petitioners can agitate upon the
same. We hope and trust that the State would
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provide the basic medical facilities at Deogaon
Rangari. With these observations, the writ
petition is disposed of. No costs.
[R. G. AVACHAT, J.] [S. V. GANGAPURWALA, J.]
marathe
Devidas Bhaurao Jadhav
Raghunath Chabu Gore
The State of Maharashtra
S. V. Gangapurwala
R. G. Avachat
As recorded by the court registry
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