THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Writ Petition No.8281 of 2008 ORDER: The petitioner claims to be a registered organization established for the purpose of serving the urban poor in Kurnool. The Government of A.P. issued G.O.Rt.No.1115, Health, Medical and Family Welfare Department, dated 22.10.2005 providing for appointment of Non Governmental Organizations (NGOs) to extend medical aid to the urban poor. Local authorities, such as Municipal Corporations, are conferred with the power to select NGOs. The Commissioner of Municipal Corporation, Kurnool, 3rd respondent herein issued proceedings dated 19.05.2007 selecting the petitioner as an agency to maintain urban health center at Gadda area of Kurnool town. It was directed that the petitioner shall select medical and non-medical staff under the supervision of the District Selection Committee and that the staff in turn shall undergo training from the A.P.Vydya Vidhana Parishad. The center was required to be grounded with effect from 25.05.2007. The petitioner states that the center has been established as per the proceedings and despite the same, funds are not being released by the respondents. The 3rd respondent filed a counter affidavit, denying the allegations of the petitioner. It is stated that though the staff were to be selected under the supervision of District Selection Committee and the selected staff were required to undergo training, nothing of that sort has taken place. It is further complained that the petitioner has not even corresponded with them ever since it has been appointed. The 5th respondent, who got himself impleaded, contends that the petitioner-organization is not genuine and that the center was not at all established in accordance with the order of appointment or the G.O. Heard Sri S.M.Subhan learned counsel for the petitioner, learned Government Pleader for Medical and Heath, Sri. Sridhar, learned counsel for respondent No.3 and Sri Rathangapani Reddy, learned counsel for the 5th respondent. Recognizing that the hospitals established by it are not adequate, to provide basic medical facilities to the urban poor, the Government issued G.O.Ms.No.1115 dated 22.10.2005 providing for establishment of urban health centers by NGOs. Provision was also made for necessary expenditure. The authority to select agencies to establish health centers was vested with the municipal corporations or municipalities, as the case may be. The application submitted by the petitioner was processed and through order dated 19.05.2007, the 3rd respondent selected the petitioner as an agency to establish urban health center at Gadda area. It is important to note two conditions that are incorporated in the order dated 19.05.2007 The Dist. Coordinator, Andhra Pradesh Vydya Vidhana Parishad, Kurnol will give necessary training to the Non-Governmental Organization. The Non-Governmental Organization have to select the medical and Non-medical staff with the supervision of the District Selection Committee and the Urban Health Centres are to be grounded with effect from 25- 05-2007.” From this, it becomes clear that the medical and non-medical staff must be selected under the supervision of District Selection Committee and the staff so selected must undergo training with the A.P.Vydya Vidhana Parishad, Kurnool. The lopsided manner in which the 3rd respondent had grounded the scheme is evident from the fact that on 19.05.2007, the petitioner was selected and the center was directed to be grounded with effect from 25.05.2007. It is just un-understandable as to how the staff could have been selected much less given training between 19th and 25th of May. That however is a different aspect. In a sensitive area like administering medicines, due care is required to be taken by the Government. The G.O. as well as the order of appointment are clear to the effect that the medical and non-medical staff must be selected under the supervision of the District Selection Committee. The persons, so selected, are required to undergo training with the A.P.Vydya Vidhana Parishad. In case, the petitioner has fulfilled these conditions, there is no reason why it cannot be extended the benefit. On the other hand, if it did not comply with these requirements, or that its’ functioning is not up to the stipulated levels, necessary action needs to be taken in accordance with law. This Court cannot record any specific finding in this regard. The writ petition is disposed of directing that – (a) The District Medical and Health Officer, 4th respondent herein, and the Commissioner of Municipal Corporation, 3rd respondent herein, or his nominee, shall verify whether the petitioner had complied with the requirements under the G.O. as well as the order of appointment, within two weeks from the date of receipt of a copy of this order; and (b) In case, the petitioner is found to have complied with the requirements and the center is in accordance with the stipulated norms, they shall continue to release the funds. On the other hand, if any violation is noticed, necessary action shall be taken forthwith. There shall be no order as to costs. _________ 19.01.2009 JSU THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Writ Petition No.8281 of 2008 Date: 19.01.2008 JSU