The High Court directed the District Health Society to seek government sanction for dental doctor posts under the National Rural Health Mission and expedite their appointment in the public interest.
Directed District Health Society to seek government sanction for dental doctor posts and expedite appointments.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.476 of 2013
====================================================== 1. Md. Seraj Ahmad, son of Sri Md. Hasan Imam Ansari resident of VillageNarwal, Barwal, Police Station- Bagaha, District- West Champaran 2. Shashi Shekhar son of Bashista Pandey Resident of village- LIG, 14/498 Hanuman Nagar, Kankarbagh, Police Station- Patrakar Nagar, District- Patna .... .... Petitioners Versus 1. The State of Bihar 2. The Secretary Department of Health-cum-Executive Director, State Health Samiti, Paribar Kalyan Bhawan, Sheikhpura, Patna 3. The District Magistrate, Buxar-cum-Chairman of District Health Society, Buxar 4. The Civil Surgeon-cum-Secretary of District Health Society, Buxar 5. The District Welfare Officer-cum-Member District Health Samiti, Buxar 6. The Senior Deputy Collector-cum-Nodal Officer, District Health Samiti, Buxar 7. The Addl. Chief Medical Officer, Buxar District Health Samiti, Buxar 8. The District Immunization Officer-cum-Member District Health Samiti, Buxar 9. The Dental Doctor, Sadar Hospital, Buxar .... .... Respondents ====================================================== Appearance : For the Petitioners : Mr. Indu Bhushan, Advocate For the Respondents : Mr. Pawan Kumar, AC to GA 9 ====================================================== CORAM: HONOURABLE MR. JUSTICE JAYANANDAN SINGH ORAL ORDER 6 14-07-2014 Learned counsel for the petitioners submits that under the scheme of National Rural Health Mission, in every hospital, a dental doctor had to be appointed on contract/honorarium basis. In the light of the resolution of the Mission, District Health Society, Buxar issued advertisement in 2010, vide Annexure-4 with I.A. No.4497 of 2014, inviting applications for preparation of a panel. Petitioners appeared in the interview and a panel was prepared in which petitioners were included, but the Health Society did not take any step for appointment. Hence, petitioners have moved this Court. A counter affidavit has been filed by the District Health Society in which it is stated that while process for appointment of
Patna High Court CWJC No.476 of 2013 (6) dt.14-07-2014
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dental doctors in the hospital of the District was on, the State Government issued a letter dated 23.02.2012, vide Annexure-A, putting a ban on appointments without sanction of the post by the Government. In view of this ban, District Health Society has not been able to make appointments.
Learned counsel for the petitioners submits that in view of this stand, District Health Society may be directed to move the State Government for sanction of the posts of the dental doctors in the hospitals of the district and thereafter take steps for filling up the posts.
The submission of the learned counsel for the petitioner
is valid.
This writ application is, accordingly, disposed of with a direction to the District Health Society, Buxar to take steps for sanction of the posts of dental doctors in the hospitals of the district at an early date and thereafter take steps for appointment of the same in accordance with law. Since the appointment on the dental doctors is apparently in public interest, respondents shall expedite the matter and take steps for filling up the sanctioned posts at the earliest.
(Jayanandan Singh, J)
B.T/U
2 issues framed by the court
Whether the District Health Society should be directed to seek government sanction for dental doctor posts to enable appointments.
Whether respondents must expedite the filling of sanctioned posts in the public interest.
Md. Seraj Ahmad
Shashi Shekhar
The State of Bihar
The Secretary, Department of Health-cum-Executive Director, State Health Samiti
The District Magistrate, Buxar
The Civil Surgeon-cum-Secretary of District Health Society, Buxar
Jayanandan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
