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2004 DIGILAW 1254 (RAJ)

All Residents of Village Dabdi v. State of Rajasthan

2004-09-03

N.K.JAIN, N.N.MATHUR

body2004
JUDGMENT 1. 1. The instant public interest litigation has been filed at the instance of the residents of village Dabdi, Tehsil Bhadra, District Hanumangarh, 2. The grievance voiced by the petitioner is that there exists an Ayurvedic Hospital in village Dabdi which was established in the year 1944 by late Shri Prabhu Dayal. Late Shri Prabhu Dayal not only established the Ayurvedic Hospital but also continued to maintain and run the hospital till July, 1955. Later on its was taken over by the State Government. Since then it is run by the State Government. It is averred that about 25,000 of the population from the nearby villages are being benefited by the said hospital. Surprisingly. the State Government by order dated 2nd June, 2003 directed to shift Elie Ayurvedic Hospital from village Dabdi to village Sardarghadia. 3. In a counter affidavit filed by Shri Rani Dan Sharma Ayurved Cilkitsak (Legal) Jodhpur, it is stated that a decision was taken to shift the Hospital from Dabdi has a Public Health Center whereas in village Sardarghadia, no medical facilities whatsoever is available. 4. Having considered the rival contentions, we are of the view that in the larger public interest it is a fit case wherein the interference is warranted with the impugned decision of the State Government. Consequently, it is for this Court to interfere with the policy decision taken by the Government, more particularly in a petition under the public interest litigation. However, the impugned decision on its face appears to be not only arbitrary but also colourable and unreasonable. The subject hospital which was established way back in the year 1944 as a charity cannot be closed down and shifted to other place without good reasons. The only reason given for shifting the hospital is that there are no medical facilities available in village Sardargadhia. If there are no medical facilities available in village Sardargadhia, the State Government has sufficient fund to establish hospital in any other village, but it would not be justified to shift the hospital from one village to another village for the reason that the other village does not have any sufficient medical facilities. 5. Consequently, the petition is allowed. If there are no medical facilities available in village Sardargadhia, the State Government has sufficient fund to establish hospital in any other village, but it would not be justified to shift the hospital from one village to another village for the reason that the other village does not have any sufficient medical facilities. 5. Consequently, the petition is allowed. The order of the State Government dated 2nd June, 2003 and Annexure-5 dated 20th June, 2003 passed by the District Ayurved Officer, Hanumangarh, transferring the Government Ayurvedic Hospital, Dabdi to village Sardargadhia are quashed and set aside. The respondents are restrained from transferring the subject Ayurvedic Hospital from village Dabdi to any other place.Writ Petition Allowed - Order of Shifting Set Aside. *******