Rajasthan High Court - Jodhpur
Gvk, Emri vs Pavnesh Chandra on 6 May, 2019
Bench: S. Ravindra Bhat, Dinesh Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Spl. Appl. Writ No. 1625/2018
GVK, EMRI, through its State HR Head, Head Office Opp.
Durdarshan Kendra, Jhalana Doongari, Jaipur, Rajasthan.
----Appellant
Versus
1. Pavnesh Chandra S/o Shri Hansa Ram, Aged About 32
Years, R/o Village Post Raniwada Kalla, Tehsil Raniwada,
District Jalore, Rajathan.
2. The Director, National Rural Health Mission, Medical
Health And Welfare Department, Government Of
Rajasthan, Jaipur, Rajasthan.
----Respondents
For Appellant(s) : Mr. Kuldeep Mathur
For Respondent(s) : Mr. B.K. Bhatnagar
HON'BLE THE CHIEF JUSTICE MR. S. RAVINDRA BHAT
HON'BLE MR. JUSTICE DINESH MEHTA
Judgment 06/05/2019 We have heard counsel for the parties.
The appellant is aggrieved by an order of learned Single Judge.
The respondent had filed a writ petition complaining that an order of transfer issued by the appellant, a private company, involved inter alia in providing Emergency Medical Services, was arbitrary and needed to be set aside.
The appellant disputed jurisdiction of the Court under Article 226 of the Constitution.
Learned Single Judge was of the opinion that the services discharged by the appellant, i.e. providing ambulances etc. is (Downloaded on 28/06/2019 at 02:00:28 AM) (2 of 2) [SAW-1625/2018] essential and integral to the role of the State and connected to the discharge of its public obligation under Article 21 of the Constitution. On this ground, we over-rule the objection of the respondent and proceed to quash the transfer order.
This Court is of the opinion that the learned Single Judge fell into error in entertaining proceedings under Article 226 of the Constitution. Mere performance of ambulance functions, which the State might perform or is obliged to perform, per se does not invest in a purely private company, the role of State under Article 12 of the Constitution or constitute it as a public authority under Article 226 of the Constitution so as to attract judicial review jurisdiction, in matters of appointment and conditions of service of its employees.
The impugned order was clearly erroneous in holding otherwise. The appeal is allowed. The writ petition is consequently dismissed.
(DINESH MEHTA),J (S. RAVINDRA BHAT),CJ 26-ArunV/-
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