Koshi Vikas Sangharsh Morcha vs Union Of India
2023 Latest Caselaw 2203 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.2729 of 2023
     ======================================================

1. Koshi Vikas Sangharsh Morcha, Saharsa, through its Patron Shri Pravin Anand, Having its office at Guneshwar Complex, Maharana Pratap Chowk, Near Bal Sangrakshak Office, Police Station- Sadar, District- Saharsa.

2. Binod Kumar Jha Son of Shri Dinanath Jha, Resident of Uchit Nagar, Nariyar Road, Ward No. 03, Naya Bazar, Police Station- Sadar, District- Saharsa.

3. Pravin Anand Son of Shri Yadunandan Singh, Resident of villager Durgapur, Ward No. 10, Post- Panchgachia, Police Station- Bihra, District- Saharsa, Bihar, Presently - Patron, koshi Vikas Sangharsh Morcha, Saharsa.

... ... Petitioner/s Versus

1. Union of India through its Secretary, Ministry of Health and Family Welfare, Government of India, Nirman Bhavan, New Delhi- 110108

2. The Director, PMSSY, Ministry of Health and Family Welfare, PMSSY Division, Government of India, Nirman Bhavan, New Delhi- 110108

3. The Joint Secretary (PMSSY), Ministry of Health and Family Welfare, Government of India, Nirman Bhavan, New Delhi- 110108

4. The State of Bihar through its Principal Secretary, Health and Family Welfare, Department, Government of Bihar, Vikas Bhawan, Bailey Road Patna.

5. The District Magistrate, Saharsa.

6. The Civil Surgeon-cum-Chief Medical Officer, Saharsa.

7. The Additional Chief Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ratan Kumar Singh, Senior Advocate Mr. Rajesh Kumar Singh, Advocate Mr. Sumit Kumar, Advocate

For the Union of India : Dr. Krishna Nandan Singh, ASGI Mr. R. K. Sharma, C.G.C.

Mr. Sriram Krishna, J.C. to ASG

For the State : Mr. P.K. Shahi, A.G .

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Patna High Court CWJC No.2729 of 2023 dt.09-05-2023

Date : 09-05-2023

An organization, concerned with the residents of Kosi

division within the District of Saharasa and their travails in

getting appropriate medical facilities, along with two individuals

are before this Court seeking a mandamus to the State of Bihar

directing it to consider and accept the proposal of the District

Magistrate, Saharsa providing 217.74 acres for the construction

of the second All India Institute of Medical Sciences (AIIMS),

Super Specialty Hospital-cum-Teaching Institution under the

Pradhan Mantri Swasthya Suraksha Yojana (PMSSY).

2. Learned Senior Counsel, who appeared for the

petitioners, argued that the PMSSY, which is a scheme of the

Central Government has the objective of correcting imbalances

in availability of affordable/reliable tertiary level healthcare and

augmentation of facilities for quality medical education in

different States. It is argued that AIIMS was taken as a model

and it was decided that such institute will be established in

every State and in Bihar there would be an establishment of

another of such institution; since one is already established at

Patna. It is the compelling argument of the learned Senior

Counsel that though this Court would desist from interfering in

policy matters, in the present case, the Government of Bihar has Patna High Court CWJC No.2729 of 2023 dt.09-05-2023

accepted the proposal and what remains is only identification of

the exact location. The location identified by the State of Bihar

at Darbhanga does not satisfy the requirements under the

Scheme and there is a specific proposal made by the District

Magistrate, Saharsa which would satisfy the land requirement as

per the scheme. It is thus that the petitioner's request

intervention of this Court in expediting the finalization of the

proposal made by the District Magistrate, Saharsa since there is

already a policy decision taken by the State of Bihar that a

second AIIMS like institution should come within the State.

3. The learned Advocate General points out that a

requirement under the PMSSY is not confined to the land;

availability of which also is scarce within the State of Bihar.

Already a decision has been taken and the land has been

identified in Darbhanga, but, however, there has to be further

deliberations and further conditions to be complied with, before

the institution itself materializes. The learned Advocate General

would inform us that the State of Bihar is committed to the

cause, but the same cannot materialize in a day. It is also pointed

out that there were earlier litigations on the same subject, which

concludes the matter to an extent and there is no purpose for the

present litigation to be entertained.

Patna High Court CWJC No.2729 of 2023 dt.09-05-2023

4. We see from Annexure-2 that as early as in 2015,

there was a request made from the Ministry of Health & Family

Welfare, Government of India to provide approximately two

hundred acres of land at a location required for establishment of

one AIIMS like Super Speciality Hospital-cum-Teaching

Institution. The letter also requires that the location identified

should have road connectivity, availability of water and

electricity and it would be the obligation of the State

Government to provide free of cost, land and other required

infrastructure, including road connectivity, sufficient water

supply, electricity connection of required load and

regulatory/statutory clearances. The cost of construction and

running of the institution would be the sole responsibility of the

Central Government under PMSSY. A copy of the prescribed

check list was also enclosed which, however, the petitioners

chose not to produce before us.

5. In this context, we also have to notice an earlier

public interest litigation filed on similar lines for establishment

of a second AIIMS within the State by CWJC No.21198 of 2018

titled as Ranjana Kumari v. The Union of India & Ors. Order

dated 28.01.2020, extracted letter dated 08.01.2020 from the

Ministry of Health & Family Welfare, Government of India Patna High Court CWJC No.2729 of 2023 dt.09-05-2023

wherein the establishment of a second AIIMS under PMSSY at

Darbhanga, Bihar was tentatively approved, subject to certain

conditions. The then Advocate General was directed to ascertain

the further developments. By order dated 20.02.2020, it was

directed that the proposal for construction/widening of road and

overhead bridge is to be finalized and an appropriate action

taken at the earliest. Eventually, by order dated 07.12.2020, the

writ petition was disposed of. The prayers of the writ petitioner

were extracted in the said order which sought for establishment

of a second AIIMS- like Super Speciality Hospital-cum-

Teaching Institution under the PMSSY within the State of Bihar.

There was no formal requirement, of such an establishment, to

be in a specified location. The Division Bench noticed the

earlier order dated 28.01.2020 where there was approval of the

situs, Darbhanga, Bihar, in principle and subject to other

conditions being complied with. The Division Bench opined that

State could take appropriate action insofar as complying with

the conditions, in accordance with law and meeting the

requirements so as to ensure the establishment of the institute at

the earliest. The writ petition was disposed of with the above

observations.

6. We are of the opinion that the present writ petition Patna High Court CWJC No.2729 of 2023 dt.09-05-2023

seeking the establishment of the second AIIMS like institution

in Saharsa cannot be now entertained.

7. We also notice the letter issued by the District

Magistrate, Saharsa dated 26.08.2017, produced as Annexure-4.

It is long after the said letter that the Ministry of Health &

Family Welfare, Government of India had issued the

communication dated 08.01.2020 which is extracted in the order

dated 28.01.2020 of this Court in Ranjana Kumari (supra) by

which, in principle approval was given to the site at Darbhanga,

Bihar. We are of the opinion that there is no purpose served by

the above writ petition and there cannot be any claim that the

location of an institution established by the Central

Government, with the active cooperation of the State

Government, should be at one location or the other. It is for the

State Government to identify the location and for the Central

Government to approve the pointed location. These are all

policy matters where this Court would hesitate to interfere in

and it involves a lot of deliberations, compliances of

requirements and conditions which cannot be precipitated by

issuance of a writ of mandamus.

8. We hence close the writ petition, but however with

the fervent hope that both the Central Government and the State Patna High Court CWJC No.2729 of 2023 dt.09-05-2023

Government would expedite the process of the establishment of

the second AIIMS within the State, which would definitely inure

to the benefit of the residents of the Bihar and would be a major

step in providing quality tertiary health care, which also is the

object of the PMSSY, as formulated by the Central Government.

9. The writ petition stands closed with the above

observations.

(K. Vinod Chandran, CJ)

(Madhuresh Prasad, J) Sunil/-

AFR/NAFR                NAFR
CAV DATE
Uploading Date          15.05.2023
Transmission Date