Dr. Jagdish Chandra Joshi vs State Of Uttarakhand And Others

Ramesh Ranganathan, CJ

Heard Mr. S.S. Yadav, learned counsel for the petitioner and Mr. K.N. Joshi, learned Deputy Advocate General for the State of Uttarakhand-

respondents 1 to 4.

The jurisdiction of this Court has been invoked by the petitioner seeking a writ of certiorari to quash the order dated 12.06.2020 whereby he was

attached to the C.M.O. Office at Nainital, from Bhowali where he is presently working; a mandamus restraining the fourth respondent from relieving

the petitioner from Bhowali to the C.M.O. Office, Nainital on the strength of the order dated 12.06.2020; a mandamus directing the respondents to

cancel the order dated 12.06.2020, and permit the petitioner to work peacefully as a Senior Medical Officer at the Community Centre Bhowali; and to

direct the fourth respondent to restrain the fifth respondent from taking charge at Bhowali during the pendency of the Writ Petition.

The distance from Bhowali to Nainital, where the petitioner was hitherto attached, is less than 10 kms. Whether the petitioner’s services should

be utilized at Bhowali or at Nainital is not for this Court to direct, and is for the authorities concerned to determine. We, however, found force in the

submission, urged on behalf of the petitioner, that he cannot be attached with the C.M.O. Office Nainital to do ministerial work, and his services, as a

Senior Doctor, ought to be utilized elsewhere to treat patients during this COVID-19 pandemic. We had, therefore, requested Mr. K.N. Joshi, learned

Deputy Advocate General for the State Government, to obtain instructions whether the petitioner’s services are being utilized for discharging

ministerial duties in the Office of the Chief Medical Officer, Nainital; and why, especially when there is an acute shortage of Doctors, the

petitioner’s services are not being utilized to treat patients during this COVID-19 pandemic.

Today Mr. K.N. Joshi, learned Deputy Advocate General, on instructions, states that the petitioner, as a Senior Medical Officer, is being entrusted

with the supervision of all Covid Care Centres in and around Nainital; and, while he may also be required to discharge some administrative functions,

his services are not being utilized to discharge ministerial duties.

In the light of the submission of Mr. K.N. Joshi, learned Deputy Advocate General, that the petitioner’s services shall be utilized primarily to

supervise the Covid Care Centres in and around Nainital, we see no reason to interfere with the impugned order of attachment.

Mr. S.S. Yadav, learned counsel for the petitioner, would then submit that the Doctor, who was asked to take charge at Bhowali, has chosen not to

join; another Doctor, presently working at Bhimtal, is being shifted to Bhowali; and the petitioner be directed to be posted at Bhimtal instead of at

Nainital; or, in the alternative, he be posted at the B.D. Pande Hospital at Naintal.

In the exercise of the power of judicial review, under Article 226 of the Constitution of India, it is not for this Court to decide where a government

servant should be posted. Whether the services of the petitioner should be continued at Bhowali, or he should be posted at Bhimtal instead of Nainital,

or he should be posted at a particular hospital in Nainital, are all matters for the official respondents to consider, and not for this Court to adjudicate.

We were only anxious to ensure that, during this COVID-19 pandemic where the services of doctors are essential to provide care and treatment to

those infected by the COVID-19 disease, the petitioner’s services are utilized as a Doctor, and not to discharge ministerial duties.

In the light of the assurance of Mr. K.N. Joshi, learned Deputy Advocate General, that the petitioner is being entrusted with the supervision of

Covid Care Centres in and around Nainital, we see no reason to interfere with the impugned order of attachment.

Recording the submission of Mr. K.N. Joshi, learned Deputy Advocate General, that the petitioner is being entrusted with the supervision of Covid

Care Centres in and around Nainital, the Writ Petition is closed.

No costs.