- (1.) Though the previous petition of this petitioner, W.P.8240 (W) of 2013, does not appear in the list, the petitioner says that in view of the present petition, the previous petition should be permitted to be withdrawn. Accordingly, W.P. 8240 (W) of 2013 is treated as on the day's list and is permitted to be withdrawn in view of this subsequent petition having been filed and being taken up. The computer department should be informed accordingly.
(2.) The grievance of the petitioner is that following the death of the homoeopathic doctor in village Alugram, the private respondent has been appointed on contractual basis by private negotiation without any applications being invited by the relevant Gram Panchayat or any transparent process of selection being conducted for the purpose.
(3.) The Pradhan of the concerned Panchayat and the private respondent refer to a government notification of May 23, 1988. It is the submission of the Pradhan and the private respondent that such notification of May 23, 1988 has not been modified either by the Department of Health and Family Welfare or by the Panchayats and Rural Development Department. The first clause of the notification of 1988 permits a Gram Panchayat, intending to set up a State-aided homoeopathic dispensary, to select a site, name a doctor and a compounder and forward the proposal by way of a formal resolution of the Panchayat to the concerned Panchayat Samity.;