Rajeeb Kalita vs State of Assam and Ors.

Ajit Singh, C.J.—The petitioner is an advocate by profession. According to him, he is practicing in Gauhati High Court, Lower Courts and Tribunals.

In the present Public Interest Litigation, the petitioner has mainly prayed that State Government be directed to provide funds to Emergency Management and Research Institute (for short "EMRI") for purchase of adequate number of Ambulances under Emergency Response Service (Mrityunjoy-108) Emergency Ambulances Services Project. The petitioner submits that a memorandum of understanding was signed on 8th July, 2008 between the Department of Health & Family Welfare and EMRI, Secundrabad, whereby the later was appointed as State Level Nodal Agency to operationalize emergency response services of ambulances on ''no-profit, no loss basis'' and for the project, the Government of Assam had agreed to provide major portion of funds. Accordingly, Emergency Response Centres were set up and 280 numbers of "Mrityunjoy-108" Ambulances were commissioned. During the initial years, the project proved to be a boom to the people of Assam in times of accidents, fire and emergency health situations but, over the years the State started neglecting the project due to which the quality of service deteriorated and the project is in a pathetic condition.

EMRI, Respondent No.7 in its reply filed on 16.02.2015 has denied that services under the project have deteriorated. Respondent No.7 has also given a chart which reveals that public has largely been benefited under the project and good number of ambulances have been replaced from time to time. Respondent No.7 has nowhere stated that the State Government had ever denied fund for replacement of old ambulances.

It is apparent from the reply of Respondent No.7 that ambulances are being replaced from time to time whenever required and the State Government have always released funds for such replacement. This being the situation, we find no good ground to issue any direction against the State of Assam for release of funds, as prayed for, in the present public interest litigation.

The petition is, accordingly, dismissed.