RAKESH KUMAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) The prayer contained in the present petition are to the effect that this Court may be pleased to issue a writ, order or direction in the nature of certiorari and quash the impugned orders dated 13.10.1999 and 2.11.1999 (Annexures-1 and 2 to the petition) and a writ of mandamus directing the respondents not to interfere with the proper functioning of the Post Partum Centre in the new District Hospital (Ram Prasad Bismil District Hospital), Shahjahanpur apart from other usual reliefs.

(2.) Annexure-1 to the petition is the letter from the Director General, Rashtriya Karyakram Anushrawan Evam Mulyankan, Family Welfare Directorate, U. P. Lucknow addressed to the Chief Medical Superintendent, Shahjahanpur requiring him not to shift the old centre to the new building and maintain status quo in compliance to earlier order dated 7.7.1999. Annexure-2 to the petition is an order of Chief Medical Superintendent, District Women's Hospital, Shahjahanpur, referring to the order dated 13.10.1999 of the State Government, requiring the staff of the Centre to continue to work at their old place and deposit the articles issued to them from District Women's Hospital.

(3.) The petitioner Rakesh Kumar Singh has approached this Court by filing this writ petition under Article 226 of the Constitution of India alleging, inter alia, amongst others, that being resident of district Shahjahanpur, he has interest in the subject-matter of this petition ; a Post Partem Centre (Zila Prasawaottar Kendra) in its existing building called 'Old District Hospital' was to be shifted with Ram Prasad Bismil District Hospital to a new complex having all modern facilities, situate over about 100 Hectares of land raised at a cost of Rs. 14 crores ; after said building is constructed and equipped, the orders impugned as contained in Annexures-1 and 2 were passed to keep the matter in 'stalemate' and as a consequence thereof, the entire project has been directed to be kept in abeyance so as to maintain 'status quo'; the impugned orders have been passed with ulterior motive at the behest of certain persons prompted and motivated by extraneous consideration having no concern with the general interest of the public and purely on the ground of their own personal vested interests ; in case the Post Partem Centre is transferred to the new hospital, public at large will have the advantage of availing modern facilities like Ultra Sound etc. besides 'expectant mothers' having the advantage of emergency services. The petitioner has attempted to highlight the importance of health of future generation of the country and of healthy 'nation' for general welfare in our society.