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Allahabad High Court · body

2016 DIGILAW 3954 (ALL)

Virendra Kumar Yadav {At:02:00 P. M. } v. State of U. P. Thur. Its Prin. Secy.

2016-12-08

DILIP B.BHOSALE, RAJAN ROY

body2016
JUDGMENT Heard Mr. B.K. Singh, learned counsel for the petitioner and Ms. Bulbul Godiyal, learned Additional Advocate General for the State-respondents. This PIL seeks the following reliefs: I. Issue a writ, order or direction in the nature of Mandamus commanding the respondents to post one Dental Surgeon in each and every Community Health Centre as well as Sub-District/Sub-Divisional Hospitals of State of Uttar Pradesh as per I.P.H.S. norms. II. Issue a writ, order or direction in the nature of Mandamus commanding the respondents not to permit the Dental Hygienist in place of Dental Surgeon in Community Health Centre as well as Sub-District/Sub-Divisional Hospital of State of Uttar Pradesh.? This petition was adjourned with some or the other observation/direction on few occasions earlier. On the last occasion, we directed the respondents to place on record a calendar/time schedule indicating the time within which they would complete the process of appointment of Dental Surgeons, as prayed in the writ petition. Today, Additional Advocate General has placed on record the affidavit of Principal Secretary, Department of Medical Health and Family Welfare, Government of Uttar Pradesh. Paragraphs 7 to 10 of the affidavit read thus: 7. That thereafter on 18.05.2016, the State Government constituted a seven member committee and directed them to consider several issues including the appointment of Dental Surgeons and Community Health Centres. The Seven Member Committee considered several aspect in its meeting dated 30.05.2016, photocopy of which is already annexed as Annexure No. A-4 to the Supplementary Counter Affidavit. However, the proposal was not sent to the Government. 8. That the proposal from Director General, Medical and Health Services have now been received. The standards for Human Resources and Equipments and accessories will now be fixed in consultation of Department of Planning and Finance and the entire process of standardization of Human Resource will be completed within a period of one and half month from today after approval from the Competent Authority. Thereafter, the additional posts of Dental Surgeon for each Community Health Centres will be fixed which will also be sent after due process and approval from the Department of Planning and finance and Competent Authority. This process will take further one and half month?s time. 9. Thereafter, the additional posts of Dental Surgeon for each Community Health Centres will be fixed which will also be sent after due process and approval from the Department of Planning and finance and Competent Authority. This process will take further one and half month?s time. 9. That as soon as the aforesaid two process are completed, say within a period of three months, the requisition will be sent to the U.P. Public Service Commission for advertisement and other procedural steps after which, once the recommendation are received for selection from U.P. Public Service Commission, the appointment on the posts of Dental Surgeons will be completed. 10. That the entire process from requisition to appointment is likely to take up another six months.? In view of the statements made on affidavit, we are inclined to dispose of the petition, accepting the statement made by the Principal Secretary therein and expect them to keep the schedule, as aforementioned, and to complete the process of appointment of Dental Surgeons at every Community Health Centre in the State of U.P. In view thereof, we do not find it necessary to consider the second prayer in the writ petition at this stage, and keep it open to be raised by way of a writ petition, if circumstances so demand, for such prayer. The petition is, accordingly, disposed of.