IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR. JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO : 7694 of 2008 Between: 1 Anjuman-E-Mahafizul Islam, Eluru, (Regd.No.583 of 1990) at Regd. office D.No.4-2-33,13th Divison, Near Vegetable Market,AnjumanBhavan, Eluru,West Godavari District Rep. by its President Mohd.Haroon Pasha, S/o.Mohd. Abdul Hafeez, aged about 50 years, R/o.D.No.16-D-15-49 Tangellamudi, Eluru, West Godavari District 2 Mohd.Suleman S/o.Late Mohd.Edrees R/o.D.No.19-1-39,Gun Bazar, Eluru, West Godavari District ..... PETITIONERS AND 1 The Government of Andhra Pradesh, Department of medical and Health, Rep.by its Secretary, Secretariat Buildings, Hyderabad 2 The District Medical and Health Officer, West Godavari District at Eluru 3 The District Collector, West Godavari District,Eluru .....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 or order or direction more particularly one in the nature of writ of mandamus declaring the action of the District Medical and Health officer, West Godavari District, Eluru, i.e. 2nd respondent in issuing the proceedings Rc.No. 1665/D.E.M.O/2008 dated 31.3.2008 withdrawing the Urban Health Centre, Lambadipeta, West Godavari District from the control of the 1st petitioner society as arbitrary, illegal, and violative of Article 14 of the Constitution of India and violative of principles of natural justice and pass Counsel for the Petitioner: MR.P.KESAVA RAO Counsel for the Respondent No.: GP FOR MEDICAL HEALTH & FAMI.WELFARE The Court made the following : ORAL ORDER: This writ petition has been directed against the orders passed on 31.03.2008 by the District Medical and Health Officer, West Godavari, Eluru, ordering for withdrawing on the request made by Sri S.M.Akbar, from Project Coordinatorship, Urban Health Centre, Lambadipeta, Eluru. This order has been passed by the District Medical and Health Officer, West Godavari District, Eluru, based upon the endorsement said to have been made by the District Collector and Magistrate, West Godavari on 21.3.2008, which has been referred to at Sl. No. 2 of the reference of the order passed by the District Medical and Health Officer, Eluru. The learned counsel for the petitioners has pointed out that it is the District Level Committee, which will be selecting suitable Non-Governmental Organisations, to whom the Urban Health Centres are entrusted with a view to improve upon health care delivery system particularly in slum areas. This District Level Committee is headed by the District Collector and Magistrate, as its Chairperson and the other Members include the Municipal Chairman as Vice Chairperson of the said Committee, District Medical and Health Officer as a Member Convener, the concerned Municipal Commissioner as Member and the Municipal Health Officer as yet another Member. The work and performance of the non-governmental Organisation, to whom Urban Health Care Centre has been entrusted, is liable to be periodically reviewed by the District Level Committee and also take decision considered appropriate in the maters concerning the Urban Health Centre. In the instant case, the petitioner’s claim that Sri S.M. Akbar, has in fact been removed from the Membership of the Society and as vengeful act, he has represented to the District Collector and Magistrate, without disclosing the true and correct facts and subsequently, the District Collector, in the capacity as the Chairperson of the District Level Committee, seems to have passed orders by way of an endorsement. The learned counsel would submit that the District Collector was obviously not aware and posted with all the true and correct facts and she has been led by the request made by the said S.M.Akbar and if an opportunity is provided to the petitioners, the petitioners would have placed the true and correct facts before the District Level Committee, which could have taken appropriate decision in the matter, instead of taking control of the Urban Health Centre into the Government hold. I see considerable force in the submission made by the learned counsel for the petitioners. Review of performance of the non-governmental organization, to which maintenance of the Urban Health Centre has been entrusted, has to be reviewed by the District Level Committee. As noticed supra, it is a multi-member body. The District Medical and Health Officer is one of the Members of the Committee. There are also other Members. Therefore, if an opportunity is provided, the petitioners would have produced necessary material together with records and registers to vouch for their claim that the Urban Health Centre has been running and managed by them strictly in accordance with and in conformity of the guidelines. The petitioners further assert that as recently as in January, 2008, the Joint Collector conducted inspection of the Urban Health Centre and has recorded his satisfaction that it is being run and managed correctly and on approved lines. Therefore, I direct the District Level Committee to undertake review of the performance of the petitioner Society and the Urban Health Centre situated at Lambadipeta in Eluru Town and take a decision about the performance of the petitioners in managing and running the said Urban Health Centre and appropriate orders in that regard be passed. It is needless to observe that the District Level Committee would also provide an opportunity to Sri S.M. Akbar, former Project Coordinator of the said Urban Health Centre and hear him also. Let appropriate orders in this regard be passed within a maximum period of four weeks from the date of receipt of a copy of this order. With this direction, the writ petition is allowed to the extent indicated above. No order as to costs. _______________________ Nooty Ramamohana Rao, J. May 2, 2008 Furnish copy in three days. //BO// MAS