1` IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No. 4691/2006 Umesh Dayashankar Choube vs. Union of India, through its Secretary, Health Department, New Delhi and others. ----------------------------------------------------------------------------------- Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's or directions and Registrar's orders. Orders. CORAM : A.P.Lavande & P.D.Kode,JJ DATE OF RESERVING : 02.09.2009 DATE OF PRONOUNCEMENT : 09.09.2009 Heard Mr. S. Khandalkar, learned counsel for the petitioner, Mr. S.K. Mishra, learned counsel for respondents 1 and 2, Mrs. Dangre, learned Addl. Government Pleader for respondents 3 to 7 and Mr. B.G.Kulkarni, learned counsel for intervenor. 2. This petition has been filed by the petitioner in public interest challenging the action of respondent no.1 in diverting the funds of Rs. 120 crore from the Government Medical College, Nagpur to J. J. Hospital, Byculla, Mumbai. It is the case of the petitioner that the Government Medical College and Hospital at Nagpur is one of the important medical centres in the Central India and is catering to medical needs particularly of the 2` poor people for the last more than fifty years. Under the Pradhan Mantri Swastha Suraksha Yojna decision was taken by the Central Government to allot funds for upgradation of hospitals. According to the petitioner, the State Government had selected J. J. Hospital at Mumbai for allotment of funds under the said Scheme. 3. Pursuant to the directions given by this court, affidavits have been filed by the respondents from time to time. The affidavits filed on behalf of the respondents disclose that the Central Government has agreed to contribute Rs. 125 crore and the State Government has agreed to contribute Rs. 25 crore. The affidavit filed by Dr. Abhimanyu Niwade on behalf of the State Government dated 24.7.2009 discloses that the State Government has made a provision of Rs. 25 crore for upgradation of the Government Medical College and Hospital at Nagpur and the Central Government has also agreed to contribute Rs. 125/- crore. Affidavit filed on 26.8.2009 by Mr. G. N. Paunikar, Additional Director in the Central Government Health Services, Nagpur discloses that pursuant to the proposal submitted by the State Government to upgrade the Government Medical College, Nagpur certain modalities have been worked out between the State Government and the Central Government for 3` upgradation of the Medical College. The State Government proposed strengthening of the existing department and adding a few super specialty departments such as Urology, Gastroenterlogy, Neurology and Endocrinology improvement in the facilities in the Department of Medicine, Psychiatry, Surgery, Gynecology, Paediatrics, Radiotherapy and the plan also envisages increase in bed capacity of about 480 beds and increase in Post Graduate seats from 96 to 120. The construction work has to be undertaken by the State Government and Medical equipments would be procured by the State Government. The concept plan for upgradation has been approved by the Project Manager of Ministry of Health and Family Welfare, Government of India in its meeting held on 6.8.2009 in which Secretary (Medical Education), Government of Maharashtra was also present. The affidavit also discloses that upgradation would be taken up on priority basis and all efforts would be made to complete the project at the earliest. 4. Mr. Khandalkar, appearing for the petitioner and Mr. Kulkarni, appearing for intervenor respectively submitted that although the State Government and Central Government have agreed in principle to release Rs. 25 crore and Rs. 125 crore respectively for upgradation of 4` Medical College and Hospital at Nagpur, the respondents have not submitted the detailed scheme indicating the exact nature of the facilities which they propose to make available at the Hospital and, therefore, the petition be not disposed of and directions be given to the respondents to disclose the scheme. 5. We have perused the record and considered the submissions made on behalf of the petitioner, the respondents and intervenor. Since the main relief sought by the petitioner is direction against the respondents to allot the funds of special package to the Government Medical College and Hospital for its development, cause of action in the present petition no more survives since the State Government and Central Government have agreed to allot and release the amount of Rs. 25 crore and Rs. 125 crore respectively for upgradation of the Medical Government College and Hospital at Nagpur and have agreed to provide certain facilities as disclosed in the affidavits filed to which reference has been made. We do not deem it necessary to keep the petition pending and direct the respondents to place detailed scheme on record. We hope and trust that the respondents would take all steps as agreed by them to ensure that the scheme is implemented at the earliest by 5` following the procedure required to be followed and make available the best medical facilities to the people of this region. 6. In view of the above, the writ petition is disposed of. JUDGE JUDGE patle