IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No : 8109 of 2008 Between: The Urban Mahila Development Society, Wanaparthy, Mahabubnagar District rep.by its Project Co-ordinator,K.Ramachary ..... PETITIONER AND 1 The District Collector, Mahabubnagar 2 The District Medical and Health officer Mahabubnagar .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an appropriate writ order or direction more particularly one in the nature of writ of mandamus declaring the Lr.Rc.No.A8FW/954/2008 dated 31.3.2008 of the first respondent as arbitrary, illegal, violative of Art.14 of the Constitution of India and consequently to set aside the same. Counsel for the Petitioner : Sri.A.Sudershan Reddy Counsel for Respondent No.2 : GP for Medical Health & Family Welfare The Court made the following O R D E R: Heard learned Assistant Government Pleader for Medical, Health and Family Welfare and with her consent, the writ petition is taken up for disposal at the stage of admission. This writ petition has been filed calling in question the correctness of the order passed by the District Collector and Chairperson of Mahabubnagar District on 31st March 2008 removing the writ petitioner – Non-governmental Organization from the charge of the Urban Health Center of Wanaparthy with immediate effect. Apart from the lack of reasons justifying the order of removal passed by the District Collector and Chairperson, there is one other grave infirmity on the face of the record. The State Government, as a policy, for the purpose of improving the Andhra Pradesh urban slums, has conceived a project for providing primary health care to the residents of slums of 74 municipalities. Under this project, 192 Urban Health Centers are set up, with each center, requiring to approximately cater to the needs of 15,000 slum population. Therefore, it has been conceived that the Urban Health Centers could be entrusted, for their management, to the Non-governmental Organizations, which will be selected by a District Level Committee. The District Level Committee is headed by the District Collector as its Chairperson. The other members include the Municipal Chairman as Vice-Chairperson, the District Medical & Health Officer as Member Convener, the Municipal Commissioner concerned as Member and the Municipal Health Officer as another Member. The work of this Non-governmental Organization, which has been entrusted with the Urban Health Centers will be reviewed by the District Level Committee. Therefore, if the petitioner has to be proceeded against in the matter, it is only the District Level Committee, which can take a decision, but in the instant case, it is the District Collector, in her capacity as the Chairperson, who passed the impugned order. For sheer lack of power to review the performance of the writ petitioner – Non-governmental Organization and consequently, for lack of power to remove it, as the project coordinator of Urban Health Center, Peerlagutta of Wanaparthy, the impugned order dated 31st March 2008 is set aside. However, it will be open to the District Level Committee to consider the explanation offered by the writ petitioner - Non- governmental Organization and take into consideration and account the statement of expenditure submitted by it and the utilization of the funds made available to it and then pass appropriate orders. It is needless to observe that if any further information is required from the writ petitioner – Non-governmental Organization, it may be provided with such an opportunity before passing further orders. The writ petition is accordingly allowed, but however, without costs. (NOOTY RAMAMOHANA RAO, J) 21st April 2008 Note: Issue CC in two days. (bo) ksld ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRK}