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Himachal Pradesh High Court · body

2016 DIGILAW 1967 (HP)

Yogesh Kumar Chandel v. Union of India

2016-09-14

SANDEEP SHARMA, SANJAY KAROL

body2016
JUDGMENT : Sandeep Sharma, J. By way of present writ petition, which is in the nature of Public Interest Litigation, petitioner, while invoking extra ordinary jurisdiction of this Court under Article 226 of the Constitution of India, prayed for the following relief(s):- “(i) That the respondents are directed to make ESIC Hospital & Medical College functional from the academic session 2016-17. (ii) That the respondents No.1 to 3 and 5 to 6 may kindly be directed to remove all the deficiencies in ESIC-Nerchowk that are pointed out by the MCI in its latest re-inspection in the month of Fab.-2015. (iii) That the respondents may kindly be directed to decide the issue with regard to the recognition of ESIC-Ner Chowk with immediate effect. (iv) That respondent Union of India, State of HP and ESIC may kindly be directed to decide the issue with respect to the running of ESIC-Nerchowk, Hospital & Medical College with immediate effect so that it could be made functional from the academics session 2016-17. (v) That any other order which this Hon’ble Court deems fit may kindly be passed in this matter in the interest of justice.” 2. Briefly stated the facts, as emerged from the record, are that the petitioner, who is a practicing advocate in the High Court of Himachal Pradesh, raised important issue of public importance in the present litigation specifically stating therein that State of Himachal Pradesh solely with a view to make available better medical facilities to public at large provided around 31 acre of land to respondent No.5 i.e. Employees State Insurance Corporation at a token price of Rs.1/- for 99 years for construction of ESIC Hospital & Medical College at Ner Chowk in District Mandi. Perusal of documents made available on record further reveals that College was joint endevour of Centre and the State Government. It also emerged from the record that for the completion of aforesaid Project, an amount of Rs.750/- crore was spent, but despite that no efforts were being made by the Authorities concerned to make Hospital & Medical College functional. Accordingly, present petitioner approached this Court seeking reliefs as have been reproduced hereinabove. 3. It also emerged from the record that for the completion of aforesaid Project, an amount of Rs.750/- crore was spent, but despite that no efforts were being made by the Authorities concerned to make Hospital & Medical College functional. Accordingly, present petitioner approached this Court seeking reliefs as have been reproduced hereinabove. 3. During pendency of the present petition, Shri Ashok Sharma, learned Assistant Solicitor General of India made available communication dated 17th May, 2016, whereby decision was taken by the Government of India to transfer the ESIC Hospital & Medical College, Ner Chowk, Mandi to the State Government subject to certain conditions, which were to be followed by ESIC before handing over the College to the State Government. Accordingly, this Court vide order dated 19th May, 2016, directed the concerned Authorities to take steps for handing over the aforesaid Medical College to the State Government. 4. Learned Advocate General appearing on behalf of respondent-State specifically informed this Court that they have already taken steps, as required vide communication dated 17th May, 2016. 5. On 4th August, 2016, Shri Sumit Raj Sharma, learned counsel representing respondents No.5 and 6, further informed the Court that they have taken steps to handover the Medical College alongwith ancillary infrastructure to the State. 6. Today, we have been informed at Bar by the learned counsel representing the parties that ESIC Hospital & Medical College, Ner Chowk, Mandi, stands duly transferred to the State of Himachal Pradesh and all necessary steps are being taken by the State of Himachal Pradesh to make it functional. 7. In view of the aforesaid discussion, it clearly emerges that issue raised in the present petition stands duly addressed by the respondents-Authorities and as such present petition can be disposed of having become infructuous. 8. Accordingly, present petition is disposed of as having rendered infructuous. However, before parting, this Court hope and trust that respondent-State shall make all out efforts/endevour to make ESIC Hospital & Medical College, Ner Chowk, fully functional by the next academic sessions so that public at large is benefited. At this stage, we also intend to place on record words of appreciation for the efforts put in by the petitioner; namely; Shri Yogesh Chandel, who filed this petition in public interest. 9. Interim direction, if any, is vacated. All miscellaneous applications are disposed of.