SUDARSAN DHARI MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) BOTH these mandamus-appeals were taken up together as a common question of law arises for determination in these appeals which have been preferred against a common judgment dated October 1, 2008 passed by a learned single Judge of this Court by which His Lordship disposed of several writ-applications by a common judgment.

(2.) IN all the writ-applications a Memo dated 26th September, 2007, issued by the Joint Secretary to the Government of West Bengal, Department of Health and family Welfare, was the subject-matter of challenge. Prior to November 26, 2001 the system of supplying diet to the indoor patients of the hospitals under the control of the State Government was that the raw materials for diet were supplied by the selected contractors after competitive bidding and food was cooked in the hospitals' kitchens by the cooks/gdas, being the employees of the government. Receipt of raw materials, cooking of meals and distribution of the same to the patients was supervised by a steward or some other designated employees. This system was discontinued by virtue of the Memo dated 26th november, 2001 issued by the Secretary, Health and Family Welfare Department, government of West Bengal, by which it was directed that in the changed circumstances, the agency selected through tendering process should be responsible for providing completely finished diet as per prescribed standards of quality and quantity to the hospital authorities for distribution amongst the indoor patients. Since the system for cooking of diet for indoor patients in different Government hospitals by the departmental staff were discontinued, it was further directed that the existing available facilities should be allowed to be used by the agencies selected for supply of finished diet. The said system of providing cooked diet to the indoor patients of the Government hospital by the agencies selected through tendering process had been continuing with various modifications till such time when the Government decided that the supply of cooked diet to the indoor patients of Rural Hospitals ("rhs"), Block primary Health Centres ("bphcs") and Primary Health Centres ("phcs") in the state would be undertaken by Self-help Groups ("shgs" ). Such direction has been issued by the Memo dated 26th September, 2007 issued by the Joint Secretary to the Government of West Bengal, Department of Health and Family Welfare, which is subject-matter of challenge in those writ-applications. The grievance of the writ-petitioners was that the agencies which were earlier participating in the tendering process for selection for supply of cooked diet to various RHs, bphcss, PHCs had been sought to be excluded from the field of consideration and thus, the same offended Articles 14, 19 and 21 of the Constitution of India.

(3.) IT appears from the perusal of the decision of the Government contained in the Memo dated 26th September, 2007 that Rogi Kalyan Samities ("rkss") had been constituted for proper management, monitoring and supervision of different activities being continued in the State health facilities and that the assignment of the function relating to supply of cooked diet to the indoor patients of RHs, BPHCs and PHCs in the State to the RKSs had been under active consideration of the Government and it had been decided by the Health department to assign such function to RKSs for enabling them to ensure better service to the indoor patients. The RKSs were directed to discharge such function by engaging suitable SHGs to be selected by the Block Health and family Welfare Samities ("bhfwss") in consultation with respective RKSs and while selecting SHGs, the BPFWSs were required to maintain the following guidelines: