Bibika Brahma and 18 Ors v. The State of Assam and 4 Ors

ORDER Date : 22.11.2024 Heard Mr. S. I. Akand, learned counsel for the petitioners. This writ petition is filed by as many as 19 petitioners who claim to be residents of Brahmapara, under Bishmuri Police Station, in the District of Kokrajhar (BTR), Assam. The grievances is that the area that there is no Health Care System available in the vicinity of their village. They submitted representations as well as the applications before the Chief Executive Member, Bodoland Territorial Council, Bodofa Nagar, through the District Legal Services Autority, Kokrajhar with a prayer for creation of Mini PHC/Sub-Centre at Brahmapara, Bishmuri, in the Kokrajhar District. It is the grievance of the petitioners that in spite of the representation filed, no steps has been taken by the respondent authority for establishment of a new Mini PHC/Sub-Centre at Brahmapara, Bishmuri, in the Kokrajhar District. This Court had earlier permitted the learned Standing counsel, Health Page No.# 6/7 Department to obtain the required instructions in the matter. Today Ms. S. Sharma, learned Standing counsel appearing for the Health Department has placed before the Court a communication received from the Director of Health Services that the proposal has been received by National Health Mission, Assam from the District Health Authority for establishment of a new Mini PHC/Sub-Centre at Brahmapara, Bishmuri, in the Kokrajhar District and sanction in this case has been received for the financial year 2023-24 against which administrative approval has also been received and thereafter the steps have been taken by the Department for floating necessary tender for establishment of the new Mini PHC/Sub-Centre at Brahmapara, Bishmuri, in the Kokrajhar District. It is seen that the prayer of the writ petition is limited to a direction to the respondents for establishment of new Mini PHC/Sub-Centre at Brahmapara, Bishmuri, in the Kokrajhar District. From the communications placed as discussed above, it is seen that the respondents have already taken the necessary steps towards establishment of the new Mini PHC/Sub-Centre in the said area. Under such circumstances, since the Government has already acted upon the prayer made by the petitioners, it expected that the work will be executed in right earnest and within the shortest possible time to establish the New Health Center for the benefit of the people that area. Considering the above, this writ petition stands closed directing the respondents to pursue the work that has been sanctioned and for which administrative approval has also been received. In terms of the sanction and Page No.# 7/7 approval received the respondents will call for necessary tenders and execute the work for establishment of a new Mini PHC/Sub-Centre at Brahmapara, Bishmuri, in the Kokrajhar District. With above observation this writ petition stands disposed of. Copy of the instructions received from the learned Standing counsel is kept on record. Since, it is submitted by the learned counsel for the petitioners that a contingency arrangement is in place in the said area by arranging the visit of a Medical personnel once in a week and until the Government proceeds to establish a new Mini PHC/Sub-Centre at Brahmapara, Bishmuri, in the Kokrajhar District and appoint the necessary staff including the medical personal, this contingency arrangement may be permitted to be continued. Considering the prayer made, if any contingency arrangement is already in place for the said area by deputing medical personnel to the said area, the same shall continue until the new Mini PHC/Sub-Centre at Brahmapara, Bishmuri, in the Kokrajhar District is established and necessary staff including the Medical personnel are appointed thereto.

JUDGE Comparing Assistant

PageoNo.#o1/7 GAHC010025362024 ooooooo undefined ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1097/2024o BIBIKAoBRAHMAoANDo18oORS.o S/O-oBIJENDRAoBRAHMA,oR/O-oVILL.-oBRAHMAPARA,oP.O.oBISMURIoFoV,o P.S.oANDoDIST.oKOKRAJHAR,oASSAM,oPIN-o783370. 2:oJATINoBASUMATARY oS/O-oNALARAMoBASUMATARY oR/O-oVILL.-oBASHBARI 3:oRANJANoNARZARY oS/O-oMOHENoNARZARY oR/O-oVILL.-oNO.o9oDWIKORGURY oP..SoANDoDIST.oKOKRAJHAR 4:oCHITTARANJANoDAIMARY oS/O-oUKURSINGoDAIMARY oR/O-oVILL.-oOWABARI oP..SoANDoDIST.oKOKRAJHAR 5:oNARESHoBASUMATARY oS/O-oKATIMALoBASUMATARY oR/O-oVILL.-oANTHAIBARI PageoNo.#o2/7 6:oRAJENDRAoBASUMATARY oS/O-oMADARAMoBASUMATARY oR/O-oVILL.-oNO.o9oDWIKORGURI 7:oCHAKRAMANIoBRAHMA oS/O-oDULALoBRAHMA oR/O-oVILL.-oBRAHMAPARA 8:oPRAMODoBASUMATARY oS/O-oANTHAIoBASUMATARY oR/O-oVILL.-o9oNO.oDHOLAPARA 9:oSONENoBRAHMA oS/O-oDRUBANATHoBRAHMA oR/O-oVILL.-o9oNO.oDWIKORGURI 10:oDAYALoBASUMATARY oS/O-oSWIBESWARoBASUMATARY oR/O-oVILL.-oKEOTHAIPARA 11:oKHARGESWARoBRAHMA oS/O-oLATEoHANGLAoBRAHMA oR/O-oVILL.-o9oNO.oMAINAOPUR PageoNo.#o3/7 12:oSANDHICHARANoBASUMATARY oS/O-oTHAMFAYoBASUMATARY oR/O-oVILL.-o9oNO.oMAINAOPUR 13:oASAKoBASUMATARY oS/O-oBUDANoBASUMATARY oR/O-oVILL.-o9oNO.oMAINAOPUR 14:oAMARoBASUMATARY oS/O-oJALESHARoBASUMATARY oR/O-oVILL.-oBASHBARI 15:oBIRENoBORO oS/O-oRATIRAMoBORO oR/O-oVILL.-o9oNO.oMAINAOPUR oP.O.oKARIGAON oBISHMURI oFoV 16:oMADHABoBRAHMA oS/O-oBABHENoBRAHMA oR/O-oVILL.o23 oNO.o10oROAD oBRAHMAPARA 17:oPERLARAMoBRAHMA oS/O-oTIPUoBRAHMA PageoNo.#o4/7 oR/O-oVILL.oMOHANPUR oBRAHMAPARA 18:oSWRANGoMWCHAHARY oS/O-oRAMESWAWMWCHAHARY oR/O-oVILL.oBRAHMAPARA 19:oRATUoBASUMATARY oS/O-oRABIRAMoBASUMATARY oR/O-oVILL.oBRAHMAPARA oPIN-o783370o VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REPRESENTEDoBYoTHEoPRINCIPALoSECRETARYoTOoTHEoGOVERNMENToOF ASSAM,oHEALTHoANDoFAMILYoWELFAREoDEPARTMENT,oDISPUR,o GUWAHATI-06. 2:THEoMISSIONoDIRECTOR oNATIONALoHEALTHoMISSION oCHRISTIANBASTI oGHY-05. 3:THEoDIRECTORoOFoHEALTHoSERVICE oHENGRABARI oGUWAHATI-36. 4:THEoPRINCIPALoSECRETARYoBODOLANDoTERRITORIALoCOUNCIL oKOKRAJHAR 5:THEoJOINToSECRETARY Page No.# 5/7 HEALTH AND FAMILY WELFARE DEPARTMENT BODOLAND TERRITORIAL COUNCIL KOKRAJHAR ASSAM PIN- 783370 Advocate for the Petitioner : MR. R Deka, S I AKAND Advocate for the Respondent : SC, HEALTH, SC, BTC BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA