WPPIL/138/2023
2023 Latest Caselaw 2625 UK

             IN THE HIGH COURT OF UTTARAKHAND
                                  AT NAINITAL
                   HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                                          AND
                      HON'BLE SRI JUSTICE RAKESH THAPLIYAL

                  WRIT PETITION (PIL) NO. 138 OF 2023
                          05TH SEPTEMBER, 2023
BETWEEN:
RTI Club Uttarakhand                                              .....Petitioner.
And

State of Uttarakhand & others                                  ....Respondents.

Counsel for the Petitioner : Mr. Abhishek Bahuguna, learned counsel.

Counsel for the State : Mr. J.C. Pande, learned Standing Counsel.

Counsel for the Respondent No.2 : Mr. K.P. Upadhyay, learned Senior Counsel assisted by Mr. Hemant Pant, learned counsel.

The Court made the following:

JUDGMENT:(per Hon'ble The Chief Justice Sri Vipin Sanghi)

The petitioner has preferred the present writ

petition statedly in public interest to seek the following

reliefs:-

"i. Issue a writ, order or direction in nature of mandamus directing the Chief Medical Officers of the districts of Uttarakhand/ Respondents to ensure compliance with the Order of the Medical Council of Uttarakhand for providing free parking to people in hospitals.

ii. Restrain the Chief Medical Officers/ Respondents of the districts of Uttarakhand from providing undue benefits to the parking administrators of the hospital premises.

iii. Issue a writ, order or direction in nature of mandamus directing the respondent no.1 and 2 to set up an inquiry committee and punish the guilty officials/ hospital administrator involved in said misappropriation and non- compliance".

2. This petition is premised on a Resolution stated to

have been passed by the Uttarakhand Medical Council on

24.02.2023 to the effect that all the Chief Medical Officers of

the hospitals/ medical colleges being run in the State of

Uttarakhand should make arrangements for patients, and

their attendants, to provide free vehicle parking.

3. A perusal of the said Resolution shows that even an

Advocate is a party to the same. It is evident that the

Resolution has been drafted and prepared on his advice.

4. The Resolution, which is relied upon by the

petitioner, is completely impractical, and incapable of being

implemented. We have serious doubts about its legality.

5. We do not find any merit in this petition, and the

same is, accordingly, dismissed.

6. Pending application, if any, also stands disposed of.

(VIPIN SANGHI, C.J.)

(RAKESH THAPLIYAL, J.) Dated: 05th September, 2023 NISHANT