MAHESWAR DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) This petition assails the change of the Government decision in establishing a Primary Health Centre by stating that the same shall be located at Barapur under Basudevpur Block instead of Kharasahapur under Bahanaga Block. The decision to establish the Primary Health Centre at Kharasahapur during the financial year 1990 -91 was taken on 5 -1 -1991. That decision required fulfilment of the following conditions ; (1) The local people should provide minimum one acre of land duly pledged in favour of the Panchayat Samiti for the medical institution within a period of one month from the date of issue of the order. (2) The local people should provide temporary accommodation for the medical institution as well as for the staff by 20 -1 -1991 for operationalisation of the institution. (3) The local people should provide permanent buildings for the medical institution as well as for the staff within six months from the date of issue of the order. The order further stated that if the aforesaid conditions would not be fulfilled by the local people within the stipulated period, Government allocation of the proposed medical institution will be cancelled and such institution will be allotted to another place in the same Block.

(2.) THE Government received a report of the Chief District Medical Officer, Balasore, dated 28 -1 -1991 on 30 -1 -1991 to the following effect; (a) Deed of Ac. 1.00 has already been registered and submitted to his office. (b) The Secretary has given undertaking as follows : (i) Two pucca buildings shall be provided for running the institution early. (ii) Provide free accommodation to the staff, (iii) Complete the building as well as the staff quarters within six months. On receipt of this report which indicated that the local people had furnished only an undertaking to provide accommodation instead of actually providing accommodation as per the sanction order, the Government reviewed its earlier decision dated 5 -1 -1991 on 7 -2 -1991 and decided to establish the Primary Health Centre at Barapur under Basudevpur Block in place of Kharasahapur under Bahanaga Block.

(3.) IN the case at hand, we do not find any illegality as such inasmuch as the question as to where a Primary Health Centre should be located is not governed by any statute. Of course, there has been procedural impropriety inasmuch as such decisions are required to be taken on the recommendation of the District Development Advisory Board in view of what has been stated in Annexure -1 dated 10 -8 -1990 dealing with the revised procedure for location of medical institutions. As, however, the District Development Advisory Board is a recommending authority and the ultimate decision rests with the Government, we do not think if we would be justified in setting aside the impugned decision because of lack of any recommendation of the aforesaid Board in favour of Barapur, if the decision can otherwise be regarded as rational. Let it, therefore, be seen as to whether the decision to change the location of the Primary Health Centre can be said to be irrational.