SATYABRATA GIRI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The case of the petitioner as averred in the writ petition are as hereunder:-

(2.) The writ petition had come up for hearing before another learned Judge and the same was allowed. The co-ordinate Bench was of the view that the affidavit-in-opposition filed on behalf of the respondent No.6 could not be accepted without proper averment regarding authority of the deponent. The prayers were allowed by applying the doctrine of non-traverse. The co-ordinate Bench passed orders in terms of prayers 'A' and 'B' of the writ petition. The state respondents preferred an appeal against the judgment and order passed by the co-ordinate Bench allowing the instant writ petition dated July 9, 2019. The Hon'ble Division Bench disposed of the appeal allowing the state respondents to file a recalling application before the Single Judge having jurisdiction. A recalling application was filed before this Court, which was registered as CAN 2 of 2022. The application came up for hearing before this Court and was allowed with reasons. The order of the co-ordinate Bench allowing the writ petition, was recalled. Thereafter, the state respondents were again allowed to file a further affidavit dealing with the contentions of the writ petitioner.

(3.) The Block Development Officer, Khejuri-II Development Block filed the affidavit-in-opposition for self and on behalf of the District Magistrate, Purba Medinipur. It was contended that the Department of Health and Family Welfare had issued a Notification No. H/AUH/379/3H-270/85-I dated May 23, 1988 for appointment of part time Homeopathy Medical Officer and Compounder-cum-Dresser in each gram panchayat which intended to set up a state aided homeopathy dispensary. The notification laid down the procedure to be followed in the matter of selection of sites, approval of sites, engagement of medical officer, compounder and the honorarium to be paid to the medical officer and compounder etc., when the dispensaries would start functioning.