HC allows private persons to open chemist shops in govt hospitals

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March 21:In a Public Interest Litigation seeking implementation of Jan Aushadhi Scheme, a Division Bench of State High Court comprising Chief Justice N Paul Vasanthakumar and Justice Tashi Rabstan observed that the poor section of the society suffers due to the higher costs of medicines available in the market.

The Union government in 2008 launched a Jan Aushadhi Scheme, a poor friendly scheme which includes opening of Jan Aushadhi stores in every Government Hospitals throughout the Country for which the Governments have to provide rent free accommodations.

Commissioner/Secretary without implementing the said scheme invited tenders through respondent No.7 for opening and running chain of 24×7 pharmacy shops in the Government hospital in Jammu Division vide notification dated 27.11.2015 within the premises of Government Hospital to the private firms. Hence, the writ petition is filed seeking direction to respondent State to implement the Scheme issued by Union of India and to quash the notification inviting tender dated 27.11.2015 issued by Secretary Red Cross on behalf of the State which is in violation of the Jan Aushadhi Scheme.

Division Bench after considering the undertaking given by Sanyog Enterprises Pvt. Ltd, without prejudice to the other contentions, was of the of the view that the private respondent can also be allowed to open chemist shop within the premises of Government Hospitals, if the tender is confirmed in its favour. If any violation is noticed, the licenses granted to have pharmacy will be reviewed.

 

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