IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.12889 of 2010 ==================================================== Surendra Kumar, Advocate S/O Late Jugeshwar Prasad R/O Flat No. 101, Gayatri Enclave (Manna Singh Lane), P.S.- S.K. Puri, North S.K. Puri, Distt.- Patna-800013. …. …. Petitioner Versus 1. The State of Bihar through the Chief Secretary Bihar, Patna 2. The Chief Secretary, Govt. of Bihar, Patna 3. The Principal Secretary Health Department, Bihar, Patna 4. Director in Chief, Health Department, Bihar, Patna 5. District Magistrate, Patna 6. Sub Divisional Officer, Barh 7. The Chief Medical Officer cum Civil Surgeon, Patna. …. …. Respondents ==================================================== Appearance : For the Petitioner: Mr. Surendra Kumar (In Person) For the Respondent: Mr. Arup Kr. Chongdar, A.C. to AAG-2 ==================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 4. 22.9.2010. Heard the petitioner in person and the learned Advocate appearing for the respondent-State. This petition under Article 226 of the Constitution has been filed in public interest by the writ petitioner, a practising Advocate. It is the grievance of the writ petitioner that the Health Department of the State of Bihar has not been functioning properly inasmuch as the Doctors with specialized qualifications though posted in rural areas are brought to the Patna City or other larger centers on deputation leaving the primary health centers without qualified Doctors. The reason for deputation to larger centers is obviously to facilitate the concerned Doctors to carry on their private practice. In larger towns and cities where adequate posts are not - 2 - available at times postings are made more than sanctioned post without having regard to the field of specialization of the concerned Doctor. In answer to the writ petition the Deputy Secretary to the Government of Bihar, Health Department has filed counter affidavit. The tenor of the affidavit suggests that the State Government has been unable to employ adequate number of Doctors for want of sheer availability. The State Government has also made requisition to the Bihar Public Service Commission for recruitment of 2132 specialty medical officers. The local authorities have been authorized to appoint medical officers on contract basis. It is apparent that the Health Department of the State Government is highly undermanned for want of qualified Doctors for various fields of specialty. In the present petition we can only direct that the State Government shall make all efforts to fill in the vacant posts of Doctors in the State of Bihar more particularly the primary health centers. The State Government may also revise the sanctioned strength of Doctors in larger cities and towns. If there is any surplus such Doctors may be posted in rural areas. Subject to the above observation the petition is disposed of. Pawan/- (R.M. Doshit, CJ) (Jyoti Saran, J)