Palash Kanti Bhakta and Others vs State of Uttarakhand and Others

B.S. Verma, J.—Heard learned Counsel for the parties and perused the record.

By means of this writ petition, the petitioners have sought a writ in the nature of mandamus directing the respondents to register the petitioner No. 1 and 2 as Community Medical Services Practitioner.

The petitioners No. 1 and 2 claim to have possessed the registration certificate issued by Indian Council of Medico Technicals & Health Care, Kanpur and are registered as Community Medical Services Practitioner. According to them, they are practising since the years 1998 and 2000 respectively and they are members of Janhit Sanstha, a society registered under the Societies Registration Act-petitioner No. 3. The petitioners also claim that they had already applied for their registration with respondent No. 2.

The grievance of the petitioners is that the respondent No. 2-Bhartiya Chikitsa Parishad, Uttarakhand, Dehradun is not inclined to register the petitioners with it and the application moved by the petitioners for their registration is pending for disposal with respondent No. 2.

In the course of arguments, learned Counsel for the petitioners has submitted that the ends of justice would be served if a direction is issued to the respondent No. 2 to decide the application of the petitioners by a reasoned and speaking order.

On 11-8-2010, this Court has granted interim order in favour of the petitioners thereby it has been provided that the respondents shall not interfere with the practising of the petitioners as Community Medical Services Practitioner in the State of Uttarakhand.

In the above facts and circumstances of the case, liberty is given to the petitioners No. 1 and 2 to make a fresh application separately before the respondent No. 2 and they shall also file their original certificates before the authority concerned, which entitle them for registration in the State of Uttarakhand, as sought by them. If the application is made by the petitioners within a period of one month from today along with requisite documentary proof in support thereof, as above, the authority concerned shall decide the applications of the petitioners in accordance with law by a speaking and reasoned order, expeditiously, preferably within a period of six weeks thereafter from the date of production of a certified copy of this order. In case the petitioners make fresh applications, as directed above, the interim order dated 11-8-2010 shall continue until their applications are decided by the respondent No. 2.

With the above observation, the writ petition is disposed of finally.