Research › Search › Judgment

Calcutta High Court · body

2017 DIGILAW 752 (CAL)

Goutam Patra v. State of West Bengal

2017-09-06

I.P.MUKERJI

body2017
JUDGMENT : I.P. MUKERJI, J. 1. The writ petitioner Goutam Patra is a severely disabled person. The disability certificate is annexed to the writ petition as Annexure P-1 at page 30, issued by the Government of West Bengal. It is dated 18th September, 2004. The cause of his disability is orthopaedic. Mr. Chatterjee for the petitioner submits that his client's disability is such that he can hardly move his feet body and hands. 2. In or about 1993, the government took pity on him. By a letter dated 19th October, 1993, the Superintendent, Medical College Hospitals, Calcutta allowed him to install a PCO incoming call facility opposite the green building of the Medical College Hospital, Calcutta. The dimension of the space allotted to him was 6'/7'. He was given the liberty to construct a room at his own cost. The PCO was to be kept open from morning 6 O'clock till 10 p.m. at night. This permission was given with the concurrence of the Management board of the Medical College Hospitals, Calcutta. 3. By a letter dated 1st August, 2000, the government showed more compassion to the writ petitioner by allowing him to run his PCO booth by his close family members. Furthermore, it appears that he was allowed to operate a second Kiosk in the north-east corner in or near the ERCB ward adjacent to the pump room. The said letter went to the extent of saying that this permission was valid for the entire life of the writ petitioner. 4. The cause of action of this writ application are the letters dated 27th February, 2014 and 27th March, 2014 by the Superintendent asking the petitioner to be restricted to the green building. This meant that the petitioner was asked to surrender or relinquish the booth in or near the ERCB ward adjacent to the pump room. 5. A supplementary affidavit filed by the petitioner is shown to me. It shows that the respondents had demolished the booth in or near the ERCB ward beside the pump room. 6. On 18th June, 2014, an interim order was passed by this court in this writ restraining the hospital from allotting this space to any third party. 7. The writ petitioner is a seriously physically disabled person with a very limited physical movement ability. 6. On 18th June, 2014, an interim order was passed by this court in this writ restraining the hospital from allotting this space to any third party. 7. The writ petitioner is a seriously physically disabled person with a very limited physical movement ability. In implementation of the policy of the government to help the disabled PCO booths were allowed to be operated by him at two places. It was for his life. His family members helped him to operate this facility. All these efforts were made by the government to help a disabled person to earn a livelihood. 8. There is no complaint that the writ petitioner had indulged in any activity, which entitled the government to revoke this facility or benefit. 9. Therefore, the impugned letter dated 27th February, 2014 and 27th March, 2014 asking the writ petitioner to stop operation of one of the two PCOs is highly arbitrary and unreasonable. 10. In fact, it is against the policy of the government for this disabled person. Moreover, by grant of this facility civil rights were conferred on the petitioner. These civil rights could not have been taken away without giving an opportunity to the petitioner to defend himself and without hearing him. 11. Moreover, I do not find any adequate reason given in the impugned decisions to revoke the licence of the writ petitioner. Hospitals have always been over crowded places and there is no evidence on record to suggest that any unusual shortage of space was caused by the petitioner's booths. 12. At any rate, if after 20 years the writ petitioner was to be removed from one of the booths, then adequate compensation ought to have been given to him. 13. The impugned orders dated 27th February, 2014 and 27th March, 2014 are set aside. 14. The State respondents including the Medical Superintendent, Medical College Hospitals, Calcutta, is directed to reinstate the petitioner's PCO in or near the ERCB ward near the pump room and reconstruct the PCO with all facilities that were existing at the time of its demolition within 8 weeks of communication of this order. 15. This writ application is allowed to the above extent. Urgent certified photo copy of this order, if applied for, be given to learned advocates for the parties upon compliance of all requisite formalities.