Hon'ble Saurabh Lavania,J.
Heard.
The petitioner is a law graduate and is a practicing Advocate of this Court.
Relief no.1 is regarding issuance of a writ in the nature of Mandamus directing respondent no.1 and 3 to pass necessary order for rigorously implementing the Uttar Pradesh Essential Services (Maintenance) Act, 1966 and consequently suspending all the Staff/ Employees Association in the Government Hospitals and Medical Colleges/ Institutes. Relief no.2 is also in the nature of Mandamus directing respondent nos.1 and 3 to take immediate coercive steps and action against respondent no.4 for having violated the Uttar Pradesh Essential Services (Maintenance) Act, 1966, the notification issued there under, the judgments of Hon'ble High Court as well as employees conduct rules of State Government. Relief no.3 is in the nature of Mandamus thereby directing respondent no.2 to forthwith ensure proper functioning of the U.P. State Medical Faculty Lucknow so as to ensure availability of trained and qualified Nurses and Paramedical Techinicians in the State of U.P. Relief No.4 is for issuing a direction to respondent no.2 to declare the result of the Selection for the post of Secretary/ Registrar of U.P. State Medical Faculty, Lucknow and consequently appoint a regular incumbent as Secretary/ Registrar of U.P. State Medical Faculty, Lucknow.
Sri Gyanendra Srivastava, Advocate appearing on behalf of respondent no.2 submits that registration of nurses and paramedical technicians are being undertaken online and registration certificates are also being issued online to these persons.
However, learned counsel for the petitioner says that authenticated certificates are required to be issued.
Having heard learned counsel for the parties, we are of the opinion that as far as relief nos. 1 and 2 are concerned, they are based on apprehension, however, if it is a genuine apprehension then the competent authority have ample power to deal with the situation. They are better equipped and better placed to assess it but there is no reason for this Court to interfere in the matter at this stage as far as relief nos.1 and 2 are concerned in exercise of its power under Article 226 of the Constitution of India. Nurses and staffs of the concerned hospital have not yet gone on strike. Therefore, relief nos.1 and 2 is rejected at this stage subject to aforesaid observations.
As regards relief nos.3 and 4, the petitioner may represent to respondent no.2 apprising the grievances which according to the petitioner affect the public at large whereupon the authority shall expedite the matter in respect thereof at the earliest. The decision on the representation of the petitioner shall be communicated within a period of two months. Let respondent no.2 sort out the matter with regard to the grievances in the context of and relief nos.3 & 4 of this petition that if sufficient number of nurses and paramedical techniciansare not available while there are certain nurses and paramedical staffs who have been selected while they are not being issued authenticated certificates on account of which their services cannot be utilized then the State Government and respondent no.2 shall do the needful within the aforesaid period while deciding the representation of the petitioner unless there is some legal impediments in this regard, in which case, it shall be communicated to the petitioner.
Accordingly, the petition is disposed of in the aforesaid terms.
Order Date :- 21.5.2021 Shanu/-