IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18226 of 2009 1. Alok Surgical Hospital @ Surya Clinic through Mrs. Anupam Singh, Proprietor, W/o Dr. Mithilesh Kumar Singh, situated at Mahua, P.S. Mahua, District Vaishali at Hajipur. 2. M/s Harideo Clinic through Dilip Kumar Singh, proprietor S/O Dharamdeo Singh, Tinpulwa Chowk, Lalganj, P.S. Lalganj, District- Vaishali at Hajipur. 3. M/s Nand Raj Nursing Home through its proprietor Subodh Kumar Yadav S/o Nandlal Prasad Yadav situated at Tinpulwa Chowk, Lalganj, Vaishali. 4. M/s Kunal Hospital through its proprietor Binod Kumar Suman S/o Shri Ram Lakhan Singh situated at Samastipur Road, Mahua, District Vaishali at Hajipur. ….. … Petitioners. Versus 1. The State of Bihar. 2. The Principal Secretary, Health & Family Welfare, Government of Bihar, Patna. 3. The State Health Society Bihar through its Executive Director, Parivar Kalyan Bhawan, Seikhpura, Patna 800014. 4. The Advisor, State Health Society Bihar through its Executive Director, Parivar Kalyan Bhawan, Seikhpura, Patna 800014. 5. The Civil Surgeon-cum-Member Secretary, District Health Society, Vaishali. 6. District Health Society, Vaishali, Patna. 7. District Magistrate-cum-Chairman, District Health Society, Vaishali at Hajipur. 8. Quality Assurance Committee, Vaishali at Hajipur. 9. Civil Surgeon-cum-President, Quality Assurance Committee, Vaishali at Hajipur. 10. Additional Chief Medical Officer-cum-Member Secretary, Quality Assurance Committee, Vaishali at Hajipur. 11. Dr. Smt. Malti Sinha, Medical Officer (Gynaecology), Sadar Hospital Hajipur-cum-Member, Quality Assurance Committee, Vaishali, at Hajipur. 12. Dr. U.P. Verma, Medical Officer, Sadar Hospital Hajipur-cum- Member, Quality Assurance Committee, Vaishali at Hajipur. 13. Dr. Nagendra Prasad, Primary Medical Officer-cum- Member, Quality Assurance Committee, Vaishali at Hajipur. 14. Shri Rituraj, N.G.O. Member, Quality Assurance Committee, Vaishali at Hajipur. 15. Smt. Sandhya Gautam, Member, Quality Assurance Committee, Vaishali at Hajipur. 16. District Program Manager, District Health Society-cum- Member, Quality Assurance Committee, Vaishali at Hajipur. 17. Patient Welfare Society through its Secretary, Hajipur. ….Respondents. ----------- - 2 - For the petitioner : Mr. Dewendra Narayan Singh, Advocate. Mr. Anurag Saurav, Advocate. For the respondents : Mr. Manoj Kumar Ambastha, GP -14. Mr. Sanotsh Kumar Mishra, A. C. to G. P.-14. ---------- 03/ 24.11.2011 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This writ petition has been filed by the petitioner for the following reliefs:- (i) Making the payment for conducting tubuctomy and Vasectomy (Sterilization operation for female and male) operation after due authorization and sanction as enumerated in paragraph no.27 along with 18% interest thereon calculated from the date the amount fell due to the actual date of payment. (ii) Quashing of letter dated 4.7.2008 (contained in Annexure-1) issued by Civil Surgeon-cum- Principal Secretary, District Health Society, Vaishali, whereby it has been directed to stop doing operation work with immediate effect in view of the decision of District Health Society Meeting dated 1.7.2008, which was never been communicated to the petitioners and which is contrary to the stipulation of the appointment and authorization to the Private Nursing Home for conducting such operation vide letter dated 04.12.2007 and 6.2.2008 as contained in Annexure 5 series, which clearly stipulated that the approval is for one year and within one year the approval was subject to cancellation in case of defective work and finding of irregularities but the impugned order does not stipulate any of the aforesaid condition nor it enclosed with it the minutes of meeting dated 1.7.2008. Moreover, it was only circulated to In-charge Medical Officer of Primary Health Centres and Referral Hospitals and to the District Magistrate-cum-Chairman, District Health Society and not to the petitioners. (iii) Issuance of writ in the nature of mandamus directing the respondent authorities to allow the petitioners Nursing Home to perform the operation for a period of one year as per the terms of the letter of approval since the petitioners have in anticipation of the terms of approval made the investment in their nursing homes as well as - 3 - engaged employees for the stipulated period of one year. 3. Considering the averments made by learned counsel for the parties and the materials on record, this writ petition is disposed of with a liberty to the petitioner to approach the Civil Surgeon-cum-Member Secretary, District Health Society, Vaishali along with an application giving the details of his claims and interest. If such an application is filed by the petitioner within fifteen days from today along with a copy of this order, the said authority shall consider the same in accordance with law and shall decide it by a speaking order within three months thereafter and if any amount or interest is found admitted and payable it should be paid to the petitioner immediately thereafter. However, if any amount or interest is not admitted and payable in the said order, the petitioner will be at liberty to challenge the same before an appropriate forum. Sunil (S. N. Hussain, J.