Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s):-
(i). To issue writ in nature of mandamus directing the Respondents particularly, Respondent No. 3 to 8 to henceforth ensure that the Anti-retroviral
Therapy (Hereinafter referred as, ""ART"") medicines & Opportunistic Infection (Hereinafter referred as, ""0.1."") Medicines are distributed to the
Persons Living With HIV+ / AIDS (Hereinafter referred as, ""PLHA"") patients throughout the year with its continuous supply at all the 28 ART
Centers in Bihar, in compliance of the Orders dated 15.07.2014 (Annexure- 1.) 8: 12.08.2014 (Annexure- 3) passed in CWJC 5440 / 2011: Sanjit
Singh @ &inject Singh Vs. Union of India & Ors. by the Hon'ble Court.
(ii). To issue writ in nature of mandamus commanding the Respondents particularly, Respondent No. 3 to 7 to henceforth immediately appoint at-least
one qualified & trained doctor at the Madhubani, Rohtas, Nalanda, Munger, Aurangabad, Bhojpur (Ara), Siwan and 'Muzaffarpur ART Centers.
(iii). To issue writ in nature of mandamus commanding the Respondents particularly, Respondent No. 3 to 8 to henceforth immediately resume CD4
testing of the PLHA patients at the Darbhanga, Motihari, Bettiah, Purnea and Katihar ART Centers.
(iv). To issue writ in nature of mandamus commanding the Respondents particularly, Respondent No. 3 to 8 to henceforth display the availability of
stock of each ART / ARV medicines at the corresponding ART Centers.
(v). To issue writ in nature of mandamus commanding the Respondents particularly; Respondent No. 3 to 7 to henceforth immediately make
permanent & accessible arrangement for clean drinking water & hygienic toilets at all the ART Centers & Link ART Centers in Bihar.
(vi) To issue writ in nature of mandamus commanding the Respondents particularly, Respondent No. 3 to 8 to ensure that medical facilities to HIV+
patients across the State at all the ART centers are maintained without any lapse, in compliance with Order dated 07.05.2019 (Aware- 4) passed in
CWJC 2001 / 2018: Sanjeet Singh Vs. Union of India & Ors. by the Hon'ble Court.
Learned counsel for the State submits that the issue raised in this PIL can be best resolved at the local level by the appropriate authorities.
After the matter was heard for some time, learned counsel for the petitioner, under instructions, states that petitioner shall be content if a direction is
issued to the respondent no. 3 the Principal Secretary, Department of Health, Govt. of Bihar, Patna, to consider and decide the representation which
the petitioner shall be filing within a period of four weeks from today for redressal of the grievance(s).
Learned counsel for the respondents states that if such a representation is filed by the petitioner, the authority concerned shall consider and dispose it
of expeditiously and preferably within a period of four months from the date of its filing along with a copy of this order.
Statement accepted and taken on record.
The Hon’ble Supreme Court in D. N. Jeevaraj Vs. Chief Secretary, Government of Karnataka & Ors, (2016) 2 SCC 653, paragraphs 34 to 38
observed as under:-
“34. The learned counsel for the parties addressed us on the question of the bona fides of Nagalaxmi Bai in filing a public interest litigation. We
leave this question open and do not express any opinion on the correctness or otherwise of the decision of the High Court in this regard.
35. However, we note that generally speaking, procedural technicalities ought to take a back seat in public interest litigation. This Court held in Rural
Litigation and Entitlement Kendra v. State of U.P. [Rural Litigation and Entitlement Kendra v. State of U.P., 1989 Supp (1) SCC 504] to this effect as
follows: (SCC p. 515, para 16)
“16. The writ petitions before us are not inter parties disputes and have been raised by way of public interest litigation and the controversy before
the court is as to whether for social safety and for creating a hazardless environment for the people to live in, mining in the area should be permitted or
stopped. We may not be taken to have said that for public interest litigations, procedural laws do not apply. At the same time it has to be remembered
that every technicality in the procedural law is not available as a defence when a matter of grave public importance is for consideration before the
court.â€
36. A considerable amount has been said about public interest litigation in R&M Trust [R&M Trust v. Koramangala Residents Vigilance Group,
(2005) 3 SCC 91] and it is not necessary for us to dwell any further on this except to say that in issues pertaining to good governance, the courts ought
to be somewhat more liberal in entertaining public interest litigation. However, in matters that may not be of moment or a litigation essentially directed
against one organisation or individual (such as the present litigation which was directed only against Sadananda Gowda and later Jeevaraj was
impleaded) ought not to be entertained or should be rarely entertained. Other remedies are also available to public spirited litigants and they should be
encouraged to avail of such remedies.
37. In such cases, that might not strictly fall in the category of public interest litigation and for which other remedies are available, insofar as the
issuance of a writ of mandamus is concerned, this Court held in Union of India v. S.B. Vohra [Union of India v. S.B. Vohra, (2004) 2 SCC 150: 2004
SCC (L&S) 363] that: (SCC p. 160, paras 12-13)
“12. Mandamus literally means a command. The essence of mandamus in England was that it was a royal command issued by the King's Bench
(now Queen's Bench) directing performance of a public legal duty.
13. A writ of mandamus is issued in favour of a person who establishes a legal right in himself. A writ of mandamus is issued against a person who
has a legal duty to perform but has failed and/or neglected to do so. Such a legal duty emanates from either in discharge of a public duty or by
operation of law. The writ of mandamus is of a most extensive remedial nature. The object of mandamus is to prevent disorder from a failure of
justice and is required to be granted in all cases where law has established no specific remedy and whether justice despite demanded has not been
granted.â€
38. A salutary principle or a well-recognised rule that needs to be kept in mind before issuing a writ of mandamus was stated in Saraswati Industrial
Syndicate Ltd. v. Union of India [Saraswati Industrial Syndicate Ltd. v. Union of India, (1974) 2 SCC 630] in the following words: (SCC pp. 641-42,
paras 24-25)38. A salutary principle or a well-recognised rule that needs to be kept in mind before issuing a writ of mandamus was stated in Saraswati
Industrial Syndicate Ltd. v. Union of India [Saraswati Industrial Syndicate Ltd. v. Union of India, (1974) 2 SCC 630] in the following words: (SCC pp.
641-42, paras 24-25)
“24. … The powers of the High Court under Article 226 are not strictly confined to the limits to which proceedings for prerogative writs are
subject in English practice. Nevertheless, the well-recognised rule that no writ or order in the nature of a mandamus would issue when there is no
failure to perform a mandatory duty applies in this country as well. Even in cases of alleged breaches of mandatory duties, the salutary general rule,
which is subject to certain exceptions, applied by us, as it is in England, when a writ of mandamus is asked for, could be stated as we find it set out in
Halsbury's Laws of England (3rd Edn.), Vol. 11, p. 106:
‘198. Demand for performance must precede application.â€"As a general rule the order will not be granted unless the party complained of has
known what it was he was required to do, so that he had the means of considering whether or not he should comply, and it must be shown by
evidence that there was a distinct demand of that which the party seeking the mandamus desires to enforce, and that that demand was met by a
refusal.’
25. In the cases before us there was no such demand or refusal. Thus, no ground whatsoever is shown here for the issue of any writ, order, or
direction under Article 226 of the Constitution.â€
As such, petition stands disposed of on the following terms:-
(a) Petitioner shall approach the authority concerned within a period of four weeks from today by filing a representation for redressal of the
grievance(s);
(b) The authority concerned shall consider and dispose it of expeditiously by a reasoned and speaking order preferably within a period of four months
from the date of its filing along with a copy of this order;
(c) The order assigning reasons shall be communicated to the petitioner;
(d) Needless to add, while considering such representation, principles of natural justice shall be followed and due opportunity of hearing afforded to the
parties;
(e) Also, opportunity to place on record all relevant materials/documents shall be granted to the parties;
(f) Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law;
(g) We are hopeful that as and when petitioner takes recourse to such remedies, as are otherwise available in law, before the appropriate forum, the
same shall be dealt with, in accordance with law and with reasonable dispatch;
(h) Liberty reserved to the petitioner to approach the appropriate forum/Court, should the need so arise subsequently on the same and subsequent
cause of action;
(i) We have not expressed any opinion on merits. All issues are left open;
The petition stands disposed of in the aforesaid terms. Interlocutory Application(s), if any, stands disposed of.