VITTHALRAO NATTHUJI MAHALE Vs. STATE OF M P

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution by petitioner Vitthal Rao Mahale claiming himself to be the Secretary of the Laghu Swasthya Kendra Samiti (Mini Primary Health Centre), rangarithoka, tahsil Sausar, for a writ of mandamus directing the State of m. P. not to shift the mini primary health centre from that place and also to make it a permanent centre.

(2.) THE petition has been filed in a representative capacity on behalf of the residents of Rangarithoka saying that it is a village having population of 2100 with scanty medical facilities although there is a Janpad Ayurvedic dispensary in the village but the nearest Civil Dispensary is at Lodhikheda, 5 Kms. away, separated by two rivers. Rangarisafar is the adjacent village about 1 Km. away. Due to constant efforts of the villagers, mini primary health centre was established in 1979 by the State which is being run in the said Ayurvedic Dispensary in a skeleton form catering the need of Rangarithoka and the adjacent villages. The present Minister of State for Health of the State of M. P. i. e. respondent No. 3 Shri Reonath Choure is elected to the M. P. Vidhan Sabha from Sausar constituency. He was also a sitting M. L. A. of this constituency before the present election. However, due to political rivalry, he carries ill-feelings against the villagers of Rangarithoka and there has been persistent attempts at his instance to deprive the village of the facilities of a health centre. On the eve of last election to the Vidhan Sabha, a number of villagers approached Shri choure expressing their fear and apprehension that the health centre will be shifted from the village. On 8-12-1979 Shri Choure wrote to them that final decision regarding health centre will be taken in their presence. After the Vidhan Sabha election in early 1980, Shri Choure became Minister of state for Health, a deputation of villagers met him on 8-11-1980 and he asked them to raise money and donate land within 8 days in between two villages of Rangarithoka and Rangarisafar so that primary health centre will be established. Acting on his assurance, the villagers collected a sum of Rs. 5,000/- and purchased 0. 50 acre out of khasra No. 305 by registered sale-deed dated 18-11-1980 in village Rangarithoka on the border towards rangarisafar on the main road. Immediately an application was sent to shri Choure with the sale-deed annexed for fulfilling his promise. In spite of this, there is a definite attempt on the part of Shri Choure to dislodge the health centre from Rangarithoka and establish a health centre at Rangarisafar.

(3.) THE contentions of the petitioner are (i) under the Constitution the State is obliged to make provisions for welfare of the citizens including facilities for health, the political rivalries cannot be utilised to deprive the health facilities they have been enjoying so far and the proposed action is against the guarantee conferred on the citizens by the Constitution of India, (ii) Shri Choure having represented to the villagers to donate land for establishment of a primary health centre and the villagers having acted on that representation incurred financial liability, purchased land and donated the same to the State Government, there is no justification whatsoever to close the health centre at Rangarithoka and instead establish one at Rangarisafar. The villagers have no objection if another primary health centre is established at Rangarisafar; (iii) the action of the respondents to shift primary health centre from Rangarithoka to Rangarisafar is mala fide and due to ill-will and political rivalry which Shri Choure carries against the villagers of Rangarithoka.