1 WP 1905/2011 abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1905 OF 2011 Grampanchayat Alsand .. Petitioner V/s The State of Maharashtra & Ors. .. Respondents Mr. Shrikant Chavan with Mr. Umesh Mankapure for the petitioner. Mr. V.S. Gokhale, A.G.P. for respondent nos.1 and 8. CORAM : MOHIT S. SHAH, C.J. & D.G. KARNIK, J. Monday, May 2, 2011 P.C. : 1. Rule, returnable forthwith. 2. Heard learned counsel for the parties. 3. This petition under Article 226 of the Constitution of India challenges the resolution dated 13th December 2010 of the Public Health Department of the State Government for transferring the Primary Health Centre from village Vita, Taluka Khanapur to village Pare in the same Taluka of Sangli District. 4. The impugned order is challenged on the ground that while the petitioner is not challenging the decision of the State 2 WP 1905/2011 Government to shift the Primary Health Centre from vita (because a rural hospital is to be set up at Vita and therefore the Primary Health Centre is to be shifted from Vita to some other place in Sangli District), the State Government did not take into consideration the resolution passed by the Khanapur Panchayat Samiti at Vita to request the State Government to shift the Primary Health Centre from Vita to Alsand in Taluka Khanapur. It is contended that at the meeting of the Khanapur Panchayat Samiti held on 18th October 2010 it was discussed that out of 19 Gram Panchayats, as many as 12 Gram Panchayats had resolved that the Primary Health Centre be set up at Alsand, only 4 Gram Panchayats had resolved that the Primary Health Centre be shifted to village Pare, and the 2 Gram Panchayats did not pass any resolution at all. In other words, out of 17 Gram Panchayats which sent their response, as many as 12 Gram Panchayats had resolved that the Primary Health Centre be set up at Alsand and not at Pare. The Khanapur Panchayat Samiti had specifically resolved that the said resolution be communicated to the District Health Officer and there is no reason why we should not proceed on the footing that the said resolution dated 18th October 2010 of Khanapur Panchayat Samiti was forwarded to the District Health Officer, Sangli. However, in his letter dated 22nd November 2010 addressed to 3 WP 1905/2011 the Joint Director of Public Health, the District Health Officer, Sangli merely informed the Joint Director, Health Services that the Minister (Public Health) had instructed that the proposal be sent for shifting the Primary Health Centre from vita to village Pare. This instruction appears to have been issued on the basis of the decision at the meeting of the District Planning and Development Committee held on 15th July 2010. A perusal of the minutes of the said meeting of the District Planning and Development Committee (Exhibit “H” / page 71) shows that there were 9 items taken at the conclusion of the meeting by way of supplementary items which were not listed on the agenda. One of those items was about shifting of Primary Health Centre from vita. The minutes of the meeting indicate that the District Planning and Development Committee took the decision to shift the Primary Health Centre from vita to village Pare merely on the basis of the recommendation dated 7th September 2010 of the M.L.A., Mr. Sadashivrao Patil. It is obvious that in the absence of prior notice by way of any agenda, the members of the committee did not have the benefit of knowing/reading the resolution passed by Khanapur Panchayat Samiti wherein it was clearly indicated that out of 17 villages as many as 12 villages had requested for shifting the Primary Health Centre from Vita to village Alsand. 4 WP 1905/2011 5. Learned A.G.P. submits that the decision to shift the Primary Health Centre from one place to another is purely an administrative decision and, therefore, this Court should not interfere into it in exercise of writ jurisdiction under Article 226 of the Constitution of India. 6. It is true that in exercise of writ jurisdiction under Article 226 of the Constitution of India, this Court is not to sit in appeal over an administrative decision. However, what is required to be noted is that it was not that either the District Planning and Development Committee or the Joint Director of Public Health or the State Government had considered the two rival claims, one of the Alsand Gram Panchayat and the other of Pare Gram Panchayat. If the State Government had considered the matter in this perspective, the matter would stand on a different footing. However, in the facts of the instant case, it appears to be almost undisputed that the claim of Alsand Gram Panchayat or the resolution of the Khanapur Panchayat Samiti passed on 18th October 2010 was not at all placed before any of the authorities, viz. the District Planning and Development Committee or the Joint Director of Public Health or the State Government. On this short ground alone, that is to say that the 5 WP 1905/2011 impugned decision was taken without taking into account all the relevant factors, we set aside the impugned order dated 18th December 2010 and direct that the fresh decision be taken on the question of shifting of Primary Health Centre from Vita to village Pare after considering all the relevant material including the resolution dated 18th October 2010 of Khanapur Panchayat Samiti and such other material as may be considered relevant by the State Government. 7. Rule is made absolute as above. 8. It is clarified that we have not expressed any opinion on the merits of the controversy and the State Government will be at liberty to take fresh decision in accordance with law. CHIEF JUSTICE D.G. KARNIK, J.