HC overturns the order of Karnataka government, ban on order to close the Jan-Aushadhi center

The Karnataka High Court has stayed the implementation of the government order issued by the state health department for 18 petitioners, directing all Jan Aushadhi Centers (JAK) operating in the premises of government hospitals. Justice MI Arun passed the order in a group of petitions filed by the owners of the centers, stating that the concession given to the petitioner to run the Jan Aushadhi Kendra (Pharmacy Shop) at the defendant No. 4-Hospital will not be terminated until the next hearing date.

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The petitioners argued that the government order was passed in a hurry, without consulting or warning them, and it damages public interest. He argued that he had invested money for the development of infrastructure, drug list, equipment and furniture, salaries of employees, essential licenses and permission for the purpose of running the center and thus, he had valid expectations from the state. However, the disputed government order violates their right to livelihood under Article 19 (1) (G) of the Constitution and the right to life under Article 21.

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This government order was issued because doctors are forbidden to encourage patients to buy medicines from external facilities and opening Jan Aushadhi Kendra inside the hospital premises will be contrary to the policy. The petition claimed that the disputed government order improperly violates their rights, while at the same time the Janata Bazaar and the Jansanjivani Store allows equally established establishments whose purpose is to provide quality generic medicines at cheap rates.