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Allahabad High Court · body

2025 DAILYLAW 124106 (ALL)

SURGICAL CLINIK LKO. THRU. OWNERS/PARTNERS DR. SUMEET SETH AND DR. WARIJA SETH AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. MEDICAL HEALTH AND FAMILY WELFARE U.P. LKO. AND 4 OTHERS

WRIC/2532/2025 · 2025-04-16

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:21473-DB Court No. - 2 Case :- WRIT - C No. - 2532 of 2025 Petitioner :- Surgical Clinik Lko. Thru. Owners/Partners Dr. Sumeet Seth And Dr. Warija Seth And 2 Others Respondent :- State Of U.P. Thru. Prin. Secy. Medical Health And Family Welfare U.P. Lko. And 4 Others Counsel for Petitioner :- Sheo Prakash Singh Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. Heard Shri Sheo Prakash Singh, learned counsel for the petitioner and learned Additional Chief Standing Counsel for the State. The petitioners are doctors who are rendering service in private hospitals and an inquiry was ordered in respect of certain incident which occurred in private hospital including involvement of certain Government Doctors. The inquiry resulted in report dated 24.07.2015. It is this report submitted by the Inquiry Committee headed by the Director (Administration), Medical Enhancement Services, U.P. Lucknow which is under challenge. According to the petitioners, they are the three Doctors mentioned in the said report dated 24.07.2015 in the second last paragraph, who were operating the decease along with Dr. Srivastava, therefore, the challenge to the said report. We fail to understand as to how a challenge to the report can be maintained before the Court. There is no final order against the petitioners. Moreover, the report is based on some inquiry. This Court under Article 226 of the Constitution of India will not venture into its veracity or validity as it will necessarily involve a factual inquiry for which this Court is not suited. If any action based on such report has been taken against the petitioner it is always open for the petitioners to challenge the same as and when the occasion arises, but, we see no reason to entertain this writ petition. With the aforesaid observations, the writ petition is disposed of. . (Om Prakash Shukla,J.) (Rajan Roy,J.) Order Date :- 16.4.2025 R.K.P. Digitally signed by :- RAJ KUMAR PATEL High Court of Judicature at Allahabad, Lucknow Bench