1996 (7) TMI 599 - HC - Indian Laws

Summary

Issues:
1. Failure to start functioning of a Primary Health Centre at Pachhikote.
2. Controversy over conditions for opening the health center.
3. Staff being diverted to another location.
4. Inaction by authorities in making the health center operational.
5. Compliance with conditions for the health center's establishment.

Detailed Analysis:
1. The petitioner, an Ex-Sarpanch, sought a writ to compel authorities to operationalize a Primary Health Centre at Pachhikote. The Grama Panchayat fulfilled conditions like land transfer and building construction, but the center remained non-functional despite staff appointments.
2. The Government cited unmet conditions like land pledging and incomplete building as reasons for non-operation. The petitioner contested this, claiming compliance and attributing delays to authorities' inefficiency in providing necessary plans.
3. The petitioner highlighted that appointed staff were working at a different location, diverting resources from Pachhikote. The authorities justified inaction based on incomplete infrastructure at Pachhikote.
4. The petitioner accused the State agencies of unjustifiably delaying the health center's functioning, while the authorities defended their stance, emphasizing compliance with stipulated conditions and technical requirements.
5. The court emphasized the importance of a Primary Health Centre for public welfare and directed the Grama Panchayat to fulfill pending conditions by a specified deadline. It urged mutual cooperation between health authorities and the Grama Panchayat to ensure operational readiness. Failure to comply would allow the Government to relocate the health center.