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Allahabad High Court

DR. HARESH KUMAR SINGHversusSTATE OF U.P. AND 4 OTHERS

Decided

Holding

The Court ordered the petitioner to file a fresh representation and directed the health authority to decide it within a month, thereby disposing of the writ petition.

Summary

Dr. Haresh Kumar Singh filed a writ petition challenging the delay by the Chief Medical Officer, Hathras, in deciding his application for registration and permission to practice community medical services. The petitioner argued that the matter had been pending since 2 March 2026 without a decision. The respondents contended that the competent authority could still consider the application and sought a direction to do so. The Court, without examining the merits, disposed of the petition by directing the petitioner to file a fresh representation, with a certified copy of the order, within one month, and instructed the Chief Medical Officer to decide the representation within a month of receipt. Thus, the petition was effectively dismissed, but the petitioner was given an opportunity to re‑present his case.

Issues considered

  • What procedural direction should the Court give when a petitioner's application before a health authority remains pending?

Subjects

  • writ petition
  • administrative law
  • health services
  • procedure
  • representation

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                           WRIT - C No. - 18976 of 2026

                                    Dr. Haresh Kumar Singh
                                                                                                   .....Petitioner(s)
                                                                        Versus
                                    State Of U.P. And 4 Others
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)                            :    Nishi Sengar
                                    Counsel for Respondent(s)                            :    C.S.C.

                                    Court No. - 40
                                                       HON'BLE SARAL SRIVASTAVA, J.
                                                       HON'BLE GARIMA PRASHAD, J.

                                    1. Learned counsel for the petitioner at the outset submits that the subject
                                    matter of the present writ petition is pending consideration before the
                                    respondent no.4-Chief Medical Officer, Hathras by way of an application for
                                    registration and permission to practice as Community Medical Services and
                                    Essential Drugs, which was filed on 02.03.2026 and the same has not been
                                    decided till date.

                                    2. Per contra, learned Standing Counsel for the respondents contends that
                                    the matter can very well be considered by the competent authority and
                                    therefore, an appropriate direction be issued to the competent authority to
                                    consider the grievance of the petitioner.

                                    3. Considering the facts and circumstances of the case and without adverting
                                    into the merits of the case, the writ petition is disposed off permitting the
                                    petitioner to file a fresh representation alongwith certified copy of this order
                                    raising all his grievances before the respondent No.4-Chief Medical Officer,
                                    Hathras within a period of one month from today. In case, any such
                                    representation is filed by the petitioners, the respondent No.4 shall consider
                                    and decide the same strictly in accordance with law within a period of one
                                    month thereafter from the date he receives the representation of the
                                    petitioner.

                                    May 14, 2026
                                    SS
                                                                    (Garima Prashad,J.) (Saral Srivastava,J.)




Digitally signed by :-
SUNIL KUMAR SHARMA
High Court of Judicature at Allahabad


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